On September 28, 2012, President Obama signed into law a bill that reauthorizes the E-Verify program for three years.

The legislation extends use of the U.S. Department of Homeland Security’s (DHS’s) Internet-based E-Verify system, which confirms an employee’s employment eligibility by comparing information included on the employee’s Form I-9 and Social Security Administration and DHS records. Set to expire on September 30, 2012, the program will now continue until at least 2015.

The program, launched in 1997 and originally known as the Basic Pilot Program, was designed to facilitate compliance with federal restrictions on the employment of unauthorized aliens. Initially voluntary, participation has since become mandatory for all federal contractors and for those contracting with several states.

Further, since last year’s Supreme Court decision in Chamber of Commerce v. Whiting, states have had unquestioned authority to require private employers operating within their borders to use the program. So far, 19 states have enacted legislation requiring at least some employers to do so. Therefore, employers should review the law in their jurisdiction to ensure that they are compliant with any state statutes related to their use of the E-Verify system.

If you have questions about the extension or its implications, please contact John G. Kerkorian at 602.798.5408 or kerkorianj@ballardspahr.com, Christopher T. Cognato at 215.864.8612 or cognatoc@ballardspahr.com, or the member of the Labor and Employment Group with whom you work.


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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.