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E-Verify starts Sept 8. Judge dismisses last-ditch effort by Chamber of Commerce to stop program.


E-Verify Survives Legal Attack By Chamber of Commerce

 The Chamber of Commerce, one of the most powerful lobbying groups in the United States, apparently lost in its effort to stop the E-Verify program from being rolled out to Federal Contractors beginning September 8th 2009.

For the second time, US District Court Judge Alexander Williams of Maryland blocked attempts by the Chamber and other business groups to halt the programs implementation, something the Justice Department and the Obama Administration had fought hard to keep in place. 

Lawyers representing the Chamber will again seek an emergency order from the 4th US District Court of Appeals to delay the mandate from taking effect. If granted, this will temporarily override the Judges decision though this is not expected..

The mandate requires all new contractors and subcontractors to use the government's E-Verify system starting Tuesday. It will also be written into every new work order issued under existing contracts, officials say. It will be up to government agencies that issue the contracts to enforce the mandate.

The E-Verify system compares data entered by employers with records maintained by the Social Security Administration and DHS immigration databases.

While this only immediately effects new business, all contractors doing business with the Federal Government will eventually be on the system within about one year. Once a contractor is operating under the new clause, it will have to check the legal eligibility of every employee working on a government project through a secure website.

The system though, is not perfect, and misidentifies about one percent of all workers checked mostly because of clerical errors and mistakes in the databases themselves. Additionally, if an illegal worker is using another persons identity correctly, they are very difficult to catch, however the E-Verify photo match system similar to that being used in States like Nevada for drivers licenses, can match facial characteristics of applicants with photos of official immigration documents. This is expected to help minimize fraud.

The support of E-Verify by the current administration surprised many advocates who assumed the Obama Team was working against the legislation. Of course when one reads the fine print it is easy to see why they want it passed. Though appearing to be tough on illegal immigration the program actually prevents employers from properly implementing E-Verify. The Justice Department is currently engaged in a campaign advising potential job candidates that:

"Employers may not use E-Verify to pre-screen job applicants or to verify current employees and may not limit or influence the choice of documents presented for use on form I-9." Also, should you believe an employer "discriminated" against you because you did not have the right documents, you should contact the Justice Department to file a discrimination complaint."

This is of course the exact purpose of E-Verify. Contractors will find it VERY hard to use the program and NOT violate the law thereby opening themselves up to potential employment discrimination cases. This program has teeth only it is not the illegal worker it is after. It is after the company seeking to obey the law. Where have we heard that before? The actual posters in Spanish and English are part of a slide show below.

If you would like to learn more, read: Don’t look now. Immigration Reform is coming in the back door

 

 

 

 

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San Diego Immigration Policy Examiner

Carl Braun is an analyst for the Homeland Security Policy Institute Group and ...

Comments

  • ZERO TOLERANCE! 2 years ago
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    Employers caught hiring illegal aliens in 2009 should be sent to prison, period! Our country has been invaded by tens of millions of poor, illiterate illegal aliens the past 10-20 years mostly because of greedy employers and their lust for the cheapest labor possible. Modern day slavemasters should all be tried and punished for their FELONY crimes! No exceptions!

  • American Beast 2 years ago
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    Hopefully this will be the spark needed to control illegal labor practices in the US, if companies are able to see that hiring legal workers is even more productive for them and the economy, perhaps they will be more likely to continue hiring legal workers.

  • lay lay & Bindi (-: 2 years ago
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    Tuesday,September 8th,2009 will truly be a
    'Chamber of Commerce Day'.Pun intended!

  • 0Toleranceismyhero 2 years ago
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    So what I get from that last part is... That if the illegal decides not to submit to a photo ID, and only uses a SSI card from a legit person, he won't have a problem getting a Job, and that if a employer uses E-verify to screen his applicants (which should be done anyways but is for some reason illegal) the employer will get sued by "legal" citizens who didn't get hired and are of another race other than the employer... Nice... What a waste of a great System... I think all company's should be required to use this to screen applicants... why waste employers time with employee's that they can't even hire... an added benifit would be if you were required to call "ICE" to have the illegal immediately picked up and shipped out of the country

  • Disgusted Citizen 2 years ago
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    E-Verify was supposed to be a great tool to assist in ending employment of illegal aliens...WHAT A DOWNER THIS IS!!!

  • MikeP 2 years ago
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    Happy Labor day everyone. Enjoy this country built on the labors of slaves and immigrants for pennies on the dollar.

  • Tony 2 years ago
    Report Abuse

    Oh please MikeP. Cry me a river.

  • Buzzm 2 years ago
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    bout time.

    Fellow Patriotic Americans, Baucus wants to greatly expand MEDICAID (up to 30% FRAUD). DEMAND THEY FIX THE FRAUD FIRST

    2008 Budget Allocation
    Medicare & Medicaid 682B (23% of the budget)
    Medicaid Fraud
    Social Security 621B (21% of the bduget)

    Entitlements are 50% of our $3.0 Trillion Dollar Federal Budget

    Fraud could be as much as $500 Billion Dollars, or 1/3 of the $1.5 Trillion Dollars, Total Entitlement Expense.

    It's fixable

    Isn't it about time we keep a close eye on Entitlements

    $500 billion dollars a year wasted

    FIX THE FRAUD FIRST

    WITHOUT FRAUD TO FEED ON, CORRUPTION WILL DIE

    please send this on to your friends, family, and acquaintances, chance, or otherwise.

    It's very important

    thank you

  • ZERO TOLERANCE! 2 years ago
    Report Abuse

    Employers caught hiring illegal aliens in 2009 should be sent to prison, period! Our country has been invaded by tens of millions of poor, illiterate illegal aliens the past 10-20 years mostly because of greedy employers and their lust for the cheapest labor possible. Modern day slavemasters should all be tried and punished for their FELONY crimes! No exceptions!

  • SteveCan 2 years ago
    Report Abuse

    In an interview on the program "Al Punto," White House Director of Hispanic Media Luis Miranda acknowledged that coverage would not be provided to illegals. Then he immediately added, "Precisely because of that we are working for reform of immigration laws." Presto-change-o, problem solved, with coverage for all those formerly illegal immigrants.

  • Nancy 2 years ago
    Report Abuse

    I believe we need immigration reform but what do we do with all the 12M illegals?

  • Leon 2 years ago
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    Nancy,

    The questions is not what do we do with the 12M illegal aliens, the question is what do we do with the more accurate figure of 35 -40 million illegal aliens. The politicians etc., have been using 12M since at least 1996 and we have 800,000 or more illegal aliens crossing our southern border every year.

  • MadMommy 2 years ago
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    If you are hiring, you better get your act together and make sure your employees are here legally. If you are looking for work, you better have your paperwork in order and know that you can be E-Verified. But if you're here illegally, you better make a new plan. Jobs will be increasingly hard to get and harder to hold on to for illegal immigrants. Clamp down hard and the jobs will dry up for illegal workers. Workers without jobs will go home. Deportation by attrition.

  • My Immortal 2 years ago
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    Sadly,this should have been in place from day one.Ladies and Gentleman,it seems that we have enemies within,ya think!
    MadMommy,you are much lovelier when you are not mad.

  • Read History !! 2 years ago
    Report Abuse

    Foolish people on this blog rejoicing ?
    Did you know that this E-Verify is applicable on for Federal Contractors ..

  • MadDaddy 2 years ago
    Report Abuse

    MadMommy, I think you and I would be great together. How about we get together for drinks and discuss how to rid the illegal Mexicans and advance other right-winged agenda.

  • Joe Ryan 2 years ago
    Report Abuse

    buzm, Max Baucus gets his bills directly from the Peterson institute. The nuts at the Peterson Institute (Volker, Greensapan, etal) are secretly writing all of our economic bills. These bills are not being written by congresional staffs and they aren't appearing out of thin air. At the Peterson Institute's website, they brag about having bills ready for every crisis they create, and they brag about totally owning Max Baucus. They hava a video on the site, where he basically says, 'I go to the Petesron Institute when I need a bill or advice'. I suggest everyone go to the Peterson Institute's website and you'll learn more about a lot of events, in a few minutes, than you can imagine. They brag on their about how they orchestrated the dollar's devaluation, and how they effectively control the front page of every major newspaper in America. If they want a study or other baloney published on every front page on a date certain, they just make the call. That's not a conspiracy theory.Joe Ryan

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