President Amends Executive Order To Require All Federal Contractors To Use E-Verify System

On June 6, 2008, President Bush amended Executive Order 12989 to require all federal contractors, as a condition of any future federal contract, to use the government's controversial Internet-based electronic employment eligibility verification system ("E-Verify") to verify the employment eligibility of their workers. The amendment is the first time the federal government has required private employers to use E-Verify to verify the eligibility of its workers, which until now had been made available to employers on a voluntary basis. Although federal contractors will not be required to use E-Verify until a final rule amending E-Verify regulations goes into effect, which could take several months, employers should begin preparing now for the challenges posed by E-Verify.