labor lawAdivision of labor law center

Beginning January 14, 2009, a new rule requires federal contractors to use an electronic system like E-verify to check the immigration status and employment eligibility of every new employee, and old employees on certain sensitive federal projects.

 

A suit filed by SHRM, the Society for Human Resource Management, seeks to overturn that law. SHRM has filed a federal suit with four other employer organizations to block the rule. In addition to SHRM, the December 23, 2008 suit was filed on behalf of the U.S. Chamber of Commerce, Associated Builders and Contractors, American Council on International Personnel and the HR Policy Association.

 

SHRM has asked the Bush administration to withdraw the proposed rule from consideration. The administration has declined, however, and employers should continue to use E-verify to comply with the law.

 

Under an executive order from President Bush, federal contractors and subcontractors are required to use the Department of Homeland Security’s E-Verify system.

 

A number of states currently require that all employers use the E-Verify system.  Millions of other employers voluntarily use the system, because it provides an affirmative defense against charges of intentionally hiring undocumented workers.

 

The E-Verify system checks an employee’s information against databases supplied by the Social Security Administration, Department of Homeland Security, and the U.S. Citizenship and Immigration and Services (formerly INS), among others. In seconds, the system verifies a new employee’s eligibility to work, or flags suspected identity theft.

 

SHRM officials question President Bush’s authority to issue such a rule. “The E-Verify system is far from ready to be mandated on employers. Plus, the authority to mandate it lies with Congress, not a federal agency,” commented Michael Aitken, Director of Government Affairs for the prestigious association. “SHRM believes the administration is overreaching its authority by mandating an employment verification program designed by statute to be voluntary.”

 

Ironically, the major argument that HR professional have about E-Verify is that it doesn’t go far enough. According to SHRM spokesperson Michael Aitken, SHRM supports verifying the work eligibility of job candidates. However, “the proposed rules and current system clearly aren’t up to the task,” Aitken said. “We need a reliable verification system that isn’t vulnerable to employee fraud and errors before the federal government requires that 200,000-plus federal contractors begin using the system.” 

 

 “E-Verify cannot detect many forms of document fraud or identity theft because it cannot confirm the identity of the individual presenting the documents,” an unnamed SHRM expert noted. “The system can only verify that the identity information presented on the documents provided matches information in the Social Security and Department of Homeland Security databases.”

 

Supporters of E-Verify note that only fingerprinting every employee, or requiring the use of expensive retinal scanners, can ascertain identity beyond a doubt.

 

 

Last 10 posts by Amelia

• Illinois, Nevada and Kentucky Minimum Wage Increases - July 1st, 2009
• Mandatory Sick Leave Law - June 19th, 2009
• GINA Genetic Information Nondiscrimination Act Goes Into Effect - June 12th, 2009
• Maryland Minimum Wage Increase 2009 - June 5th, 2009
• California Noncompetition Agreements - May 27th, 2009
• New Illinois Sexual Harassment Law - May 15th, 2009
• California Wage and Hour Law - May 13th, 2009
• Free Flu Pandemic Seminar for Employers - May 8th, 2009
• New Pregnancy Discrimination Regulations - May 6th, 2009
• OSHA Swine Flu Warnings - April 27th, 2009