Court Clears Way for Federal Contractor E-Verify Program to Take Effect Today

By: Mark S. Wilkinson

A federal trial court recently denied an emergency injunction request aimed at blocking the Department of Homeland Security's implementation of regulations requiring federal government contractors to use the E-Verify program. E-Verify is the federal government's controversial electronic employment verification program and the Department's regulations mandate that its use begin today for employers holding federal contracts.

Most federal contractors holding contracts valued at $100,000 or more now must use E-verify to check the employment eligibility of all employees hired during the term of the contract, or for any existing employees that perform work under the contract. Subcontractors holding federal subcontracts valued at $3,000 or more are likewise subject to these requirements. Federal contractors also will have the option of verifying all of their existing employees through E-verify, and not just new hires or those assigned to work under the contract.

The Department's regulations contain some narrow exclusions and exceptions, as well as some tricky requirements for enrollment and compliance. Employers that have been awarded federal contracts after today are encouraged to contact legal counsel for specific guidance on how to comply with the E-Verify program.

For questions regarding the new E-Verify requirements, please contact Edward N. Druck or any Franczek Radelet attorney.