Obama Administration puts Planned Immigration Rules on Hold

By Ted Olsen

In our December 2008 newsletter, we reported that federal government contractors were going to be required, effective January 15, 2009, to expressly commit to use E-Verify to verify that (1) all their new hires, and (2) all their existing employees directly performing work on a federal contract, are authorized to work in the United States.  That requirement was later suspended, and may be revised or withdrawn by the Obama Administration.  The Department of Homeland Security announced that implementation of the mandatory use of E-Verify by federal contractors has been postponed until May 21, 2009.

Similarly, on January 30, 2009, the U.S. Citizenship and Immigration Services announced that implementation of a new rule regarding the I-9 process will be postponed to April 3, 2009.  That new rule was to have revised the current I-9 form and to have changed the documents acceptable as proof of a new hire's identity.

These delays will give the new Administration an opportunity to review the rules prior to their implementation.  The delays will also allow courts in pending cases challenging the legality of the federal contractor rule to make decisions on legal motions.  Due to opposition by labor unions, the immigrant community, and some segments of the business community, it is anticipated that the federal contractor rule will be substantially revised or withdrawn altogether.     

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© 2009 Sherman & Howard L.L.C.                                                February 6, 2009