Circuit Court Refuses to Halt Implementation of Federal Contractor E-Verify Rule

The U.S. Court of Appeals for the Fourth Circuit has denied an emergency injunction staying implementation of the federal contractor E-Verify rule pending appeal of the district court’s decision which rejected a claim by the Chamber of Commerce that the rule was unlawful. Chamber of Commerce of the USA v. Napolitano, No. 09-2006 (Sept. 9, 2009). The district court found the plaintiffs did not satisfy the four elements required to grant a preliminary injunction: (1) likelihood of success on the merits, (2) likelihood that the plaintiffs would suffer irreparable harm without the injunction; (3) that the balance of equities tips in the plaintiffs’ favor; and (4) that the injunction is in the public interest.

The rule, which became effective on September 8, 2009, requires federal contractors and subcontractors to use the federal E-Verify system to verify the ir employees’ eligibility to work in the United States if their contracts with the government include the Federal Acquisition Regulation (FAR) E-Verify Clause. For additional information on the E-Verify rule, see our article, USCIS Reminds Federal Contractors E-Verify Rule Goes into Effect Sept. 8, 2009.

To assist federal contractors in complying with the new E-Verify requirements, U.S. Citizenship and Immigration Services has released an E-Verify Supplemental Guide for Federal Contractors which instructs federal contractors on the process for verifying employees through the new system.

Jackson Lewis attorneys in our Global Immigration and Affirmative Action and OFCCP Diversity Planning practice groups are available to answer inquiries regarding the E-Verify rule and help employers comply with its requirements.

Related Links
USCIS E-Verify Supplemental Guide for Federal ContractorsUSCIS Reminds Federal Contractors E-Verify Rule Goes into Effect Sept. 8, 2009