Parties to the lawsuit against the Department of Homeland Security seeking to set aside the new E-Verify requirements for federal government contractors report that, by agreement in the lawsuit, the government will not include the requirement to use E-Verify in contracts issued before February 20, 2009. This postpones implementation of the Executive Order by a little over a month and allows time for briefing on the lawsuit. It also gives time for the incoming President Barack Obama to decide whether to rescind the Executive Order in favor of more comprehensive immigration reform.

For more background on the requirement of federal government contractors to use E-Verify, see our previous alert.