ABC Aug. 31 appealed a court decision that rejected a challenge by ABC to the legality of Executive Order 13465 and a corresponding final rule, which amends the Federal Acquisition Regulation (FAR), by requiring certain federal contractors and subcontractors use the Department of Homeland Security’s (DHS) E-Verify system to verify that their employees are legally authorized to work in the United States. ABC also petitioned the court to delay implementation of the final rule pending appeal.
In December, ABC and its coalition partners challenged the authority of the government to promulgate this regulation and sought an injunction from the United State District Court for the District of Maryland, Southern Division. The legal challenge echoed ABC's position in previous comments on the rule, arguing that to require broader use of E-Verify would be illegal and expose contractors to needless liabilities. Aug. 26 the federal court ruled to uphold the E-Verify final rule despite ABC’s objections prompting ABC to file an appeal and then request a delay of the implementation of the rule that is scheduled to take effect Sept. 8.
ABC members that are interested in learning more about E-Verify’s scope, how to resolve problems with the system or recognizing potential risks, can attend ABC’s Sept. 17 webinar, “Confronting the New E-Verify Mandate for Federal Contractors.” To register, click
here.
In addition to ABC, the other members of the coalition that challenged the rule were the U.S. Chamber of Commerce, the Society for Human Resource Management, the American Council on International Personnel and the HR Policy Association.