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Posts Tagged ‘E-Verify

Another 1000 Companies to be Audited by ICE

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Immigration and Customs Enforcement (ICE) announced last week that it will be expanding its audit program and that it has notified 1000 companies last week that they would have to undergo a review. ICE, in its first audit, reviewed 654 companies and fined 61 of the 654 companies audited.

According to ICE, the audit is the Obama Administration’s plan to crack down on companies that hire and rely on such illegal workers and to reduce illegal immigration by forcing companies to get rid of unauthorized workers.

Although the identity of the 1000 companies to face an audit was not revealed, ICE officials suggested that audits will affect private companies are involved with infrastructure operations like gas and electric utilities and contractors on military bases but not retailers and manufacturers of nonessential goods.

Typically, an audit consists of ICE officials checking each worker’s E-Verify form, known as an I-9, to confirm that the employees were eligible to work before they were hired.

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Written by MithrasLaw

November 24, 2009 at 5:52 pm

Effective Today Federal Contractors and Subcontractors Required to Use E-Verify

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Effective today Federal Contractors and Subcontractors will be required to use the E-Verify system, an electronic system to verify their employees’ eligibility to work in the United States, if their contract includes the Federal Acquisition Regulation (FAR) E-Verify Clause.

Companies awarded a contract with the E-Verify clause on or after September 8 2009 will be required to enroll in E-Verify within 30 days of the contract award date.  E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States.

The U.S District Court Judge Alexander Williams Jr. rejected an emergency motion for an injunction by U.S. Chamber of Commerce and other business groups to delay the mandate while a federal appeal is pending. The U.S. Chamber of Commerce and other business groups argue that that it is illegal for the government to extend E-verify to contractors through an executive order and that E-Verify will put greater liability on employers and employers will incur a cost burden to modify their payroll systems or existing personnel.

E-Verify,  which compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers’ employment eligibility, is a free web-based system operated by the Department of Homeland Security in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers avoid employing unauthorized aliens. Although the the E-verify system will reduce hiring of illegal immigrants by verifying documentation it is not fool proof as it fails to verify identities of employees and thus illegal workers using the identities of other workers who are authorized to work in the U.S. could continue to do so.

For more information on the program see here:

Written by MithrasLaw

September 8, 2009 at 4:51 pm

FAR E-Verify Regulation Further Delayed

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E-Verify is the Department of Homeland Security’s (DHS) Internet-based system that allows employers to verify employment eligibility by comparing employee information taken from the I-9 form against records kept in Social Security Administration (SSA) and DHS databases. The rule mandates on most federal contractors and subcontractors a modified version of the EVerify/Basic Pilot program—requiring re verification of the workforce and creating vicarious liability for subcontractors.

The last agreed suspension extended the applicability date of the rule to June 30, 2009. Today, the litigants (including SHRM, the U.S. Chamber of Commerce, and the HR Policy Association agreed to extend the applicability date to September 8, 2009, and asked the court to stay the proceedings further to allow President Barrack Obama’s Administration more time to complete its review of this rule.

Under the new applicability date, which is expected to appear sometime this week in the Federal Register, any solicitations that occur prior to September 8, 2009, would not contain the contract clauses that the rule would impose.

Written by MithrasLaw

June 3, 2009 at 5:17 pm

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