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ARTICLE · 12 FEBRUARY 2009

Mandatory E-Verify Rule Suspended Until May 21, 2009

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On Dec. 23, 2008, a number of national business organizations – including the Society for Human Resources (SHRM), the U.S. Chamber of Commerce, and the American Council on International Personnel (ACIP) – filed suit challenging an executive order and subsequent rule changes implementing the order that require certain federal contractors and subcontractors use E-Verify.

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Barnes & Thornburg’S Labor & Employment Group
Barnes & Thornburg’S Labor & Employment Group
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On Dec. 23, 2008, a number of national business organizations – including the Society for Human Resources (SHRM), the U.S. Chamber of Commerce, and the American Council on International Personnel (ACIP) – filed suit challenging an executive order and subsequent rule changes implementing the order that require certain federal contractors and subcontractors use E-Verify. See Chamber of Commerce of the United States of America v. Michael Chertoff, No. 8:08-cv-03444-AW (D. Md. Dec. 23, 2008). The lawsuit also alleges that the executive order and new rules improperly apply E-Verify to existing employees as well as to all new hires – even those who are not working on federal contracts. The plaintiffs have asked that the regulations be declared void and that the Department of Homeland Security be enjoined from enforcing them.

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