DHS Secretary Announces Plans to Scrap No-Match Rule, but “Will Push Ahead” with E-Verify Mandate for Federal Contractors
In an declaration that coincided with the U.S. Senate’s consideration of her agency’s Fiscal Year 2010 appropriations bill (see related story), Department of Homeland Security Secretary Janet Napolitano announced on July 8, that the agency would propose a new regulation “rescinding the 2007 No-Match Rule.”
She also said that her department will focus on “strengthened employment eligibility verification” by supporting a Bush-era regulation mandating the use of E-Verify by federal contracts.
Department of Homeland Security Secretary Janet Napolitano
The implementation of the so-called “contractor rule,” which has been delayed due to a legal challenge filed in December 2008 by SHRM and other organizations, is planned to begin on September 8, 2009, according to Napolitano.
“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said the DHS Secretary. “Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce.”
The rule, according to Napolitano, “complements our Department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities.”
Legal Challenge Still Pending
SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel filed suit on December 23, 2008, arguing that the government exceeded its authority by mandating a program designed as a voluntary pilot project and by mandating the re-verification of existing employees, something not currently allowed under U.S. law.
To read SHRM's court filing, click HERE.