December 23, 2008—The U.S. Chamber of Commerce ("The Chamber") filed a complaint for injunctive relief with the U.S. District Court for the District of Maryland, southern district (Case 8:08-cv-03444-AW). The suit challenges the Department of Homeland Security's recently promulgated rule that requires federal contractors to enroll in E-verify. Joining. The Chamber as co-plaintiffs in the lawsuit are the Associated Builders and Contractors, the Society for Human Resources Management, the American Council on International Personnel, and the HR Policy Association.
E-Verify allows employers to voluntarily verify the work authorization of new employees. The Chamber's lawsuit challenges the government's use of an Executive Order coupled with federal procurement law to make E-Verify mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. The Chamber also challenges expanding E-Verify to require reconfirming the employment authorization of existing workers. The regulation requiring participation in E-Verify by certain federal contractors and sub-contractors is scheduled to take effect on January 15, 2009.
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