The House Appropriations Committee’s Homeland Security Subcommittee unanimously approved a Fiscal Year 2010 spending bill for the Department of Homeland Security (“DHS”), including a provision that would extend the E-Verify program for two years through 2011. Homeland Security Appropriations Subcommittee Chairman, David Price (D-N.C.) said the two-year extension on the E-Verify program was meant to “dovetail” with the “likely timing” for Congress to take up comprehensive legislation overhauling the nation’s immigration laws. Despite the proposed extension, E-Verify has several other hurdles to overcome in Congress, including the Senate, before it becomes law.
This Congressional action comes in the wake of the Obama administration’s decision to postpone the effective date of mandatory E-Verify for federal government contractors and subcontractors for a fourth time, this time from June 30, 2009 until September 8, 2009. The delay comes, in part, as special interest groups are challenging the mandatory requirement of E-Verify in federal court. Led by the U.S. Chamber of Commerce, a coalition of special interest groups filed suit against the federal government in December 2008 seeking to prevent the final rule from taking effect. Due in part to the ongoing litigation, the Obama administration has chosen to postpone the implementation of the final rule, citing the same reason to justify the delay, namely, “to permit the new Administration an adequate opportunity to review the rule.”
Of note, E-Verify was not the only issue tackled by the House Subcommittee this week as it allocated nearly $42.6 billion in discretionary funds for DHS for FY 2010. For reference, $42.6 billion is about 6.5% more than the current year’s spending and about 1% less than the Obama administration had requested. The bill, if passed, will allocate U.S. Customs and Border Protection (“CBP”) about $10 billion, $82 million less than requested, whereas U.S. Immigration and Customs Enforcement (“ICE”) will receive $5.4 billion, $30 million less than requested. Notably, the bill directs ICE to spend $1.5 billion on finding and deporting illegal immigrants who have committed serious crimes; a trend by appropriators over the last two years to target criminal illegal immigrants.
Click here to view the summary table for the fiscal 2010 DHS spending bill (PDF)
Should you have any questions regarding your Company’s present obligations with respect to E-Verify, or what, if anything, your Company should be doing to prepare for the potential of mandatory E-Verify, please do not hesitate to contact us.