Implementation Of E-Verify Requirement For Federal Contractors Delayed For The Third Time

On April 20, 2009, implementation of the regulation that would require all federal contractors to participate in E-Verify was postponed for the third time – until June 30, 2009. This further delay, along with U.S. Department of Homeland Security Secretary Napolitano's announcement in late March that a series of workplace investigations and several proposed immigration raids would be placed on hold, may signal significant change in worksite enforcement policy.

In our January 30, 2009 Alert, we reported that implementation of the federal contractor E-Verify requirement had been delayed until May 21, 2009, owing to an agreement between the parties to an ongoing federal court lawsuit that has challenged the rule. The latest delay is the result of a supplementary agreement among the parties in Chamber of Commerce of the United States of America v. Chertoff to further extend the implementation date until June 30, 2009, to give the Obama administration additional time