Business groups sue over Homeland Security E-Verify program

The U.S. Chamber of Commerce and other business organizations filed suit against U.S. Homeland Security Secretary Michael Chertoff last week, complaining that the Homeland Security Department cannot legally require federal contractors to use its online worker verification database.

Beginning January 15, 2009, the department will require certain federal contractors and subcontractors to use its E-Verify system, an online database run by the Homeland Security Department and the Social Security Administration against which employers can check a person's work status. Use of the system is voluntary, but President George Bush signed an executive order earlier this year requiring federal contractors to electronically verify their workers' employment eligibility.

The lawsuit, filed on December 23 in the U.S. District Court for Maryland's southern division, asks the court to declare the executive order and subsequent rule changes to be illegal and void, since the president's order is in direct contradiction to the law, which says that no person or entity shall be compelled to participate in the E-Verify program. The only exemptions are federal agencies, the legislative branch, and certain immigration law violators.

Along with the chamber, the plaintiffs in the case include the Associated Builders and Contractors, the Society for Human Resource Management, the American Council on International Personnel, and the HR Policy Association.

The rule change will apply to all new hires for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. It also will apply to certain existing employees who were hired after November 6, 1986, but the plaintiffs complained the "relative ambiguity" of the new rules will force many companies to electronically verify all of their employees hired after that date.

While Bush's executive order stated that the new requirement was "designed to promote economy and efficiency in federal government procurement," the lawsuit alleges it will create a "significant expense and time burden" on many of the plaintiffs' member companies. It also says the requirement "increases substantially the likelihood that many of plaintiffs' respective members will face expensive and time-consuming lawsuits brought by individuals who believe they have been discriminated against on the basis of race and/or national origin."

"The DHS intends to expand E-Verify on an unprecedented scale in a very short time frame and to impose liability on government contractors who are unable to comply," said Randy Johnson, vice president of Labor, Immigration and Employee Benefits at the U.S. Chamber. "Given the current economy, now is not the time to add more bureaucracy and billions of dollars in compliance costs to America's businesses."

More than 90,000 employers have signed up to use E-Verify, said DHS spokeswoman Laura Keehner, and the DHS' efforts to provide such programs are reflected in lower illegal immigration rates.

With the free system, "there is little excuse for companies to engage in hiring illegal workers," Keehner said. "This is just another delay tactic."

E-Verify, she said, shows "we have taken seriously the charge to gain back the trust of the American people to enforce immigration law."

[wango2007]

Yes, that's right. You contractors keep fighting for the right to use illegals at near-slave wages.

American would be a better country without illegals, and without the greedy contractors who exploit them.

[HernandezUSA]

Yes, G8D forbid Business owners follow the law and only hire LEGAL employees.

Sounds like these business groups need to go out of business as they Only want to hire Illegal Aliens and bypass all labor laws in the name of greater profits for themselves.

"We need the SAVE ACT and E-verify used for every business and to be sure illegals stay out of the job market to save American jobs.

E-verify does not discriminate against RACE, Religion, SEX or physically capability only your Citizenship and your LEGAL right to be and work in United States.


If we can stop Predatory business owners from hiring then the Illegal Aliens will not Stay and return to their native Countries.

This ISSUE is not about RACE, but ALL Governments Federal/State/LOCAL not doing their jobs, because big and small business owners want cheap workers and no labor laws to bother with.

Its called GREED!!!!!!!!!!!!!!!!!!!!!!

Both Liberals and Conservatives need to take some pride in our Country and protect it from all invading nations citizens and corporate greed. Please, NO IMMIGRANT BASHING or HATE Crimes.


HATE only feeds the single RACE agenda groups for Open Borders and the Liberal Media"

[JoeF2]

This has nothing to do with hiring illegals.
Employers already have to check documents and keep I-9s on file for every employee.
E-Verify is a flawed program which results in lots of false positives. Your attitude would change rather quickly if you end up being tagged as possibly illegal...

[texaslabrat]

"lots of false positives" Please LOL. Arizona has had mandated use of E-verify and even the opponents have admitted that the system works well. One test showed that 94% of applicants were approved instantly (942 out of 1000 in the sample group). So, of the 1000...58 were told that they had to provide more additional documentation and/or get something fixed in their records (name mispelled, typo in date of birth..whatever). Of that 58, 5 completed the steps necessary and were lawfully admitted to work. The additional 53 were never heard from again. Do you really think that's an error? Considering that nearly 5% of the work force is illegal..sounds like to me that the 53 were illegals who *couldn't* prove that they were legally entitled to work so they disappeared "back into the shadows". Looks like the system is working damn near perfect to me ;)

[inachu]

I already complained to my HOA and now they removed out of spite my parking number in front of my house so anyone can park there.

Should I take them to court over telling their illegals not to put my number spot back in front of my townhouse? Illegals with HOA love to get revenge like this and should be against the law.
HOA in maryland bite.

[DelawareBob]

"The U.S. Chamber of Commerce and other business organizations filed suit against U.S. Homeland Security Secretary Michael Chertoff last week, complaining that the Homeland Security Department cannot legally require federal contractors to use its online worker verification database. "

WHAT A CROCK!!!

The best tool we have to get rid of the ILLEGAL ALIENS and they are suing to stop it? This is one suit that should be thrown out of court.

EVERY business should be forced to use E-Verify! EVERY Government Social Service should be forced to use E-Verify! This could put a stop to all the free benefits these ILLEGAL ALIENS get.

Do you have 2 minutes? Please go to the link below. Watch the video and tell me what you would do about the problem.

http://www.youtube.com/watch?v=bLJxmJZXgNI

Yes, what would you do? Tell me!........and Happy New Year!

[aka_tripleB]

Last I heard, bidding on government contracts was not mandatory. If they have a problem with Bush's executive order, they should stop trying to win them.

[JoeF2]

It is about time that the term of the current president is over soon. He probably violated the US constitution more than any illegal immigrant...

[yeomalt]

It should be just as hard to use a fake social security number as it is to use a fake lottery ticket-

Try passing a fake lottery ticket anywhere in the state and see what it?s like to run up against a system that is designed to prevent fraud.

[frasercrane]

It is my understanding that receipt of Federal funds subjects the recipients to any reasonable regulation regarding use thereof. Don't want to use E-Verify, then, don't accept the Federal bucks--simple as that. All of the hogwash above is off-point.

[Dalkorian]

Yet another failed, flawed, control-lacking-oversight mess created by the worst terrorist in human history (fuhrer bushit) and yet people here support this mess? Repeal this travesty as soon as the treasonous terrorist is evicted from the White House and replace it with something that actually works instead of a disaster created to instill fear and control in the populace.

May all the treasonous supporters of this idiotic mess be caught up in "clerical errors" within it and be forced to suffer trying to prove your innocence. Guilty until proven innocent, that's what you support here. What a horrific bunch of nazi lovers you are.

[lgreene93]

With regard to E-Verify, here?s the link to a legal opinion paper from an attorney at Michael Best & Friedrich regarding how E-Verify applies for your responsibility regarding independent contractors and sub-contractors.

http://www.mbopartners.com/blog/categories/E-Verify.html?id=91&category=11&type=43

Interesting stuff ? government contractors who fail to comply with E-Verify may be debarred from doing business with the government, but compliance isn?t exactly simple. If you have misclassified employees as contractors (and therefore not performed E-Verify on them) then you may be out of compliance. But to perform E-Verify on contractors is inappropriate, probably illegal, and can tilt the classification decision (in the event of a misclassification audit) in the direction of making these people look like employees, as you have treated them as employees for purposes of verifying employment eligibility.

In conclusion, according to the paper (available full text at that link) your E-Verify compliance is ONLY as good as your independent contractor classification compliance.

[Daves1221]

Early in March reauthorization of E-VERIFY (the illegal alien extraction from the workplace law ) comes up for a vote. Business don't like it because it half's their immeasurable greed for cheap labor, instead of Americans. La Raza and radical special interest groups, will lie about it's 99.6 success rate. US chamber of Commerce wants to keep the incessant flow of processed foreign workers, because corporate warlords can exploit them. Both political parties are equally to blame, because it inhances free trade. Most honest lawmakers keep low-profile, otherwise they might get branded with the proverbial racist epithet.

Tired hard working Americans are confused by the silent Liberal media and fail to see the danger of overpopulation. Hardly any speak up, even though large chunks of federal spending goes to social services of people who stole through undermanned border. Politicians like Sen.Harry Reid (D-NV), Speaker Pelosi (D-CAL) Senator Gutierrez, Sen. Feinstein (D-CAL), have been purchased by the multi-national corporations. Why use American workers when you can pay minimum wage, with no benefits and usher injured workers to a hospital for free health care? Even our Mayors, judges and other elected officers are in on the act, like LA's Villaraigosa or SanFran Newsom.

Washington sources rumor is that E-VERIFY is being held hostage, so some corrupt politicians can use it as a fulcrum to force through a immigration Reform package Better known as AMNESTY! Overload Washington switchboard at [phone]. Presidents Obama's comments at 202-456-1111. Switchboard: 202) 224-3121 THE PEOPLE demand mandatory E-Verify now? Not Sen. Harry Reid's watered down version.

LAST CHANCE FOR AMERICAN WORKERS RIGHTS !