The Administration has delayed implementation of the E-Verify rule for the fourth time with a new effective date of September 8, 2009. The original rule was published on November 14, 2008 and was supposed to become effective January 15, 2009. The E-Verify rule directs federal agencies to require federal contractors to use the U.S. Citizenship and Immigration Services E-Verify system to electronically verify the employment eligibility of their employees. The new rule requires federal contractors to agree, through a clause inserted into their federal contracts, to use the E-Verify system to confirm the employment eligibility of all new employees hired during a contract term and to confirm the employment eligibility of federal contractors' current employees who work directly on a contract for the federal government within the United States. The delay notice published on June 5, 2009 directs contracting officers to include the E-Verify clause in contracts as appropriate on or after September 8, 2009.
Department of Homeland Security (DHS) Secretary Janet Napolitano and other DHS officials have expressed support for E-Verify and earlier delays were in part attributed to the new Administration reviewing the rule and building capacity for the program. At this point, the cause of the additional delay is unclear, but the rule may have encountered further resistance within the Administration.
In a related matter, the U.S. Chamber of Commerce's case that was filed in December 2008 to challenge this rule was stayed again when the Judge granted a June 2, 2009 motion to extend the stay.