Mandatory e-verify is on "e-hold"
I previously wrote a post on the e-verify program and the mandatory rule for employers hiring federal contractors to use this program beginning on January 15, 2009.
Fortunately, the deadline for mandatory verification has been extended until February 20, 2009. The reason for the extension is because the U.S. Chamber of Commerce and four other associations have sued the government and litigation is pending. The name of the lawsuit is Chamber of Commerce of the United States of America, et al. v. Chertoff, et al (You will need an account on PACER, the federal court filing electronic system to view the whole case.) The lawsuit requests that the rule be declared invalid and that the court permanently enjoin it from going into effect on the grounds that neither the President nor the Department of Homeland Security ("DHS") had the authority to mandate the use of e-verify for federal contractors. The litigation also challenges e-verify on the grounds that it is an unfair burden to employers and that the database used by DHS is inaccurate.
USCIS has published a notice on their website announcing the delayed implementation. They also have published a good set of frequently asked questions about e-verify.
