E-Verify Just Can't Get Verification

E-Verify, the government program that all government contractors, with $100K or more, must use starting January 15th has been potentially stalled in the courts. According to an article in eWeek.com the Department of Homeland Security has been sued by the U.S. Chamber of Commerce and "...the Associated Builders and Contractors, the Society for Human Resources Management, the American Council on International Personnel and the HR Policy Association."

The article quotes Robin Conrad of the Chamber's Litigation Center as saying "The administration can't use an Executive Order to circumvent federal immigration and procurement laws. Federal law explicitly prohibits the secretary of Homeland Security from making E-Verify mandatory or from using it to re-authorize the existing workforce." The Chamber is hoping the suit will declare the new regulation null and void.

If you are a government contractor of at least $100,000 and 120 days and subcontracts of $3,000 stay tuned to this development, but be prepared to use E-Verify if you are not already.

Social Security Number "No-Match" , I-9 and Homeland Security: Someone Explain This One

The Department of Justice filed an appeal, on behalf of the Department of Homeland Security, on the injunction issued by a San Francisco federal judge on the implementation of the "No-Match" Rule. Michael Chertoff, Secretary of the Department of Homeland Security issued a statement on December 5th regarding the No-Match Rule stating that " I believe that the No-Match Rule is a major step forward in preventing employment of illegal migrants. Contrary to the ACLU’s incorrect statements, the rule is not harmful to legal workers. DHS is not abandoning it."

He further stated: "Employers receive a No-Match letter from the Social Security Administration when an employee’s name does not match the social security number it has on file. Sometimes there is an innocent explanation for this discrepancy, such as a clerical error. But sometimes the discrepancy reflects the fact that the employee in question is an illegal alien. When employers receive such No-Match letters, they are on notice that the employees in question may not be authorized to work."

He goes on further to state how important the No-Match letters on Social Security Numbers is to the security of The United States. I happen to agree with him but PLEASE, SOMEONE EXPLAIN TO ME, if this is so important why is it that THE SOCIAL SECURITY NUMBER ON THE NEW I-9 IS VOLUNTARY! Go figure.

Department of Homeland Security Mad at Illinois

Back in May on my blog called "Catching Up" I wrote an item about the employment verification system the Federal government was going to require all employers to use when they hired someone. It is currently required of government contractors. Well, apparently in response to this, (the announcement, not my blog) the State of Illinois passed a law barring businesses from using the system until the system's databases become faster and more accurate. Because the program requires employers to fire employees within 8 days if they are not verified the State of Illinois argued this subjected employees to unfair treatment under the federal government's flawed program.

The Justice Department, on behalf of Homeland Security, filed a civil suit to stop the enactment of the Illinois law, with Homeland Security Secretary Michael Chertoff saying "This is about as bold an anti-enforcement measure as I've ever seen," and further calling it a "...direct assault on the federal law."

This will be interesting to watch.