FEDERAL CONTRACTORS REQUIRED TO VERIFY THEIR EMPLOYEES’ IMMIGRATION STATUS

By Michael J. Gurfinkel, Esq.

Recently, President Bush signed an “Executive Order,” requiring all Federal contractors, as a condition of each future federal contract, to agree to use an electronic employment eligibility verification system, in order to verify the employment eligibility (immigration status) of all workers hired during the contract term and all persons performing work within the United States on the federal contract.

In other words, if contractors hope to work for the federal government, they have to make sure that all their employees are “legal” and otherwise authorized to work in the U.S.

The Department of Homeland Security (DHS) has designated the “E-Verify”, operated by the USCIS, in partnership with the Social Security Administration, as the electronic employment eligibility verification system that all federal contractors must use to verify their employees’ work eligibility and/or immigration status.

President Bush issued the Executive Order because “contractors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal contracting.” For example, if the illegal alien is caught and put in deportation/removal, the contractor’s workforce is disrupted.

Therefore, under this Executive Order, if your employer has, or intends to get, contracts with the Federal Government, be aware that your immigration status will be verified. If you are not in legal status, your employer would not be able to get that Federal contract. And the truth of the matter is no matter how much your employer may like you as a worker, most employers will not give up the chance of a multi-million dollar Federal contract because one of their workers is illegal. Worse, your illegal status may be uncovered.

That is why it so important if you are in illegal status, you seek the advice of a reputable attorney who can perhaps find ways to legalize your status. This is whether or not you are employed by a Federal contractor, care home, etc. Right now, the laws and government are getting more strict, so you need to make every effort to comply with those laws.