Federal Court Upholds E-Verify Federal Contractor Rule
The amnesty lobby suffered a significant setback last week as a federal court upheld a regulation that will require most federal contractors to use E-Verify — the online, electronically operated employment verification system that allows employers to quickly and easily check the work authorization status of their new hires. (The New York Times, August 27, 2009).
The ruling came more than eight months after a coalition of special interest groups — including the U.S. Chamber of Commerce; Associated Builders and Contractors, Inc.; the Society for Human Resource Management; the American Council on International Personnel; and the HR Policy Association - sued to block the rule from taking effect on its original targeted implementation date of January 15, 2009. (See FAIR's Legislative Update, January 5, 2009).
The push to require federal contractors to use E-Verify has had a long history. On June 6, 2008, then-President George W. Bush signed Executive Order (EO) 13,456, which amended EO 12,989 to require federal contractors to use an electronic employment eligibility verification system to verify the work authorization status of their employees. EO 13,456 also required the Secretary of the Department of Homeland Security (DHS) to choose the verification system to be used. (EO 13,456, June 9, 2008). On June 9, 2008, former DHS Secretary Michael Chertoff designated E-Verify as the system to be used by federal contractors under the EO. (DHS Press Release, June 9, 2008). The Final Rule implementing President Bush's EO was issued in mid-November 2008. (Final Rule, November 14, 2008).
On December 23, 2008, a coalition of special interests filed a complaint in the U.S. District Court for the Southern District of Maryland alleging that the Final Rule was unlawful because it violated the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The plaintiffs argued that Secretary Chertoff had violated Section 402(a) of IIRIRA, which states that "the Secretary of Homeland Security may not require any person or other entity to participate in a pilot program [of employment eligibility confirmation]." In designating E-Verify as the electronic employment eligibility verification system to be used by federal contractors under President Bush's EO, the plaintiffs alleged that Chertoff had violated this statutory prohibition. The complaint contained several other allegations, including a claim that the Final Rule violated a separate IIRIRA statutory prohibition against re-verifying the work authorization status of existing employees. (Complaint, December 23, 2008).
In last week's decision, Judge Alexander Williams, Jr. rejected the claims made by the coalition of special interest groups. Judge Williams noted that "[t]he decision to be a government contractor is voluntary and…no one has a right to be a government contractor." Williams added that, even though the Final Rule requires federal contractors to enroll in E-Verify, "[p]otential government contractors have the option not to contract with the government," so Secretary Chertoff hadn't actually required anyone or any entity to use E-Verify. Judge Williams also went on to reject the coalition's claims that the E-Verify contractor rule violated an IIRIRA prohibition against re-verifying the work authorization status of existing employees. According to Williams: "Nothing in IIRIRA explicitly prohibits the Executive Branch from using E-Verify for current employees." (Decision, August 25, 2009).
The Obama Administration has indicated that it intends to implement the final rule on September 8, 2009 — after having delayed the regulation on three separate occasions. (See The Washington Post, January 30, 2009 and FAIR's Legislative Updates from April 20, 2009; June 8, 2009 and July 13, 2009).However, the E-Verify program itself is set to expire on September 30, 2009. While many immigration reformers have been insisting that the program be permanently reauthorized, the Administration has avoided adopting such a position. Senator Jeff Sessions (R-AL) successfully attached a related E-Verify amendment to the Fiscal Year 2010 Homeland Security spending bill that would (1) permanently reauthorize E-Verify and (2) require all federal contractors to use E-Verify to check the work authorization status on all of their new hires, plus existing employees who are assigned to affected federal contracts. The fate of the Sessions Amendment is uncertain, however. The Homeland Security spending bill is scheduled to move to a House-Senate conference sometime in September. Since the House version of the bill does not contain the Sessions Amendment, the Conference Report — which would likely become law - may include or drop this language. (See FAIR's Legislative Update, July 13, 2009).
Thursday, September 10, 2009
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The incident that occurred in Congress by Rep. Joe Wilson R-NC, illustrates the consequences of a blurring line between illegal immigration and health care. Our politicians have been alerted to the angry voices of the American people. For once they have disregarded the business campaign contributors and all the cloaked gifts given for services rendered by special interest lobbyists. Millions of US citizens are enraged with the status quo buying favors from our representatives that has led to our wilting economy. Today speaking on behalf of Washington committees on health care, the lawmaking emphasized that illegal aliens cannot access the new health reform package, that any person applying will be checked through government databases.
E-Verify might be implemented for this very issue, that it has shown in the majority of cases remarkable successes in remove illegal alien workers from the working environment. E-Verify can solve this problem and bring sanity back to immigration enforcement. E-VERIFICATION OF EACH AND EVERY AMERICAN WORKER MUST BE MADE PERMANENT? NOT JUST VOLUNTARY POLICY, BUT AS A FULL FORCE OF OPERATION CARRYING STRICT PENALTIES. This operation will work under federal policies? But what about state laws? California as an example is a Sanctuary state for millions of illegal immigrants and their families? Other border states are also occupied by large proportions of unlawful populations of foreign nationals?
This last year has culminated in huge financial losses in California caused by millions of low income illegal aliens, which has created a third world community within the United States. There must be federal measures to bring under control, massive spending benefits for people who have no right from benefiting from those who come here legally or were born here. How can any public health care option work at a state level, when states like California ignore federal law, regarding financial refuge to indigent people? Our own people remain homeless and in many cases without hope, when legislators have prioritized, health care, education an overloaded jail system and easy welfare money for illegal immigrants?
The once golden state has been using taxpayer money, to support illegal aliens, when the same expenditures should have been adopted for a collapsing infrastructure. Highways, schools, tunnels, bridges and dams in a dangerous state of disrepair? Our legislators in many cases have been seduced by lobbyists and should be banned from any contact with our politicians. This will never happen, but something must be done? Millions have been spent on derailing the health care reform currently and in the past, as has immigration enforcement. Rescinding 287(g) federal training for local police enforcement of immigration laws, the NO MATCH LETTER and the cutting back on ICE raids on obnoxious businesses using foreign workers.
The order to crush E-verify was given to Sen.Harry Reid, Speaker Pelosi, Janet Napolitano, but narrowly survived in the Senate chambers. Both political parties are equally to blame for not enforcing the 1986 Immigration Control & Reform Act that was inundated with fraud and a desire to weaken the laws. Now they want to rescind that law, offering yet another reform package that will never function? Let’s not kid ourselves! Huge veiled forces are at work to import as much cheap labor as possible with no restraints, lowering wages and an unconscionable burden on taxpayers.
DON'T LET THE POWERS IN WASHINGTON WHITEWASH THE FACTS! DEMAND THE ORIGINAL DESIGNED FENCE AND THE FULL IMPLEMENTATION OF E-VERIFY, 287 (g), THE SAVE ACT AND AS WRITTEN, THE 1986 SIMPSON/MAZZOLI BILL AND AMEND THEM IF NEED BE? NO MORE IMMIGRATION REFORM? DO THE JOB THEY WERE VOTED FOR? CALL YOUR POLITICIANS AT 202-224-3121 AND DEMAND THESE LAWS BEFORE IT'S TOO LATE? MORE ANSWERS FOUND AT NUMBERSUSA & JUDICIAL WATCH.
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