U.S. District Court Rules E-Verify Federal Contractor Rule Is Valid

The U.S. District Court for the District of Maryland has upheld the E-Verify Federal Contractor Rule, scheduled to become effective September 8, 2009, that will require federal contractors to enroll in Maryland State FlagE-Verify within 30 calendar days after being awarded a covered contract and to start using the system within 90 days from the date of enrollment.

The U.S. Chamber of Commerce and other business organizations challenged the regulation, claiming it:

  • violated federal immigration law;
  • constituted improper rulemaking by the Executive Branch;
  • exceeded the Executive Branch’s constitutional authority; and
  • violated the Regulatory Flexibility Act because it did not consider the financial impact on employers.

The court disagreed and ruled for the government on every count.

Click here for the full text of the decision.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.