New Rule Would Require Government Contractors To Use E-Verify System

A new proposed rule would require companies receiving new government contracts, subcontracts, or delivery orders to use the U.S. Citizenship and Immigration Services' ("USCIS") E-Verify system to verify that certain employees are eligible to work in the United States. The purported objectives of the proposed rule are to avoid inefficiencies that flow from contracting with employers that use unstable workforces and the costs of disruptions to Federal contract performance that result when unauthorized aliens are found in, and removed from, workforces supporting Federal contracts.

The Federal Acquisition Regulation ("FAR") Councils published the proposed rule on June 12, 2008, implementing Executive Order 13465. The proposed rule would apply to solicitations and contracts issued after the effective date of the final rule and would cover employees in the United States (defined as the 50 States and the