• President Bush Signs Bill That Extends and Funds E-Verify through Fiscal 2009
  • November 10, 2008 | Authors: Pierre Georges Bonnefil; Héctor A. Chichoni; Robert S. Groban; Jang Hyuk Im; William M. Poole
  • Law Firms: Epstein Becker & Green, P.C. - New York Office ; Epstein Becker & Green, P.C. - Miami Office ; Epstein Becker & Green, P.C. - New York Office ; Epstein Becker & Green, P.C. - San Francisco Office ; Epstein Becker & Green, P.C. - Atlanta Office
  • On September 30, 2008, President Bush signed The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act (H.R. 2638) (the "CSDA Act"). The CSDA Act extends the E-Verify employment verification program through September 30, 2009, and provides, among other things, $100 million to improve the E-Verify program during that time.

    The E-Verify program had been set to expire on November 30, 2008. At the present time, however, more than 88,000 employers currently use E-Verify. While its use is voluntary under federal law, several states have mandated employer use of E-Verify. Moreover, many more states have made use of E-Verify a condition for qualifying for state contracts and the federal government issued a proposed rule making E-Verify mandatory for federal contractors in June 2008.

    On July 31, 2008, the House of Representatives approved legislation (H.R. 6633) that would extend E-Verify by five years with a 407-2 vote. The legislation, introduced by Arizona Democrat Gabrielle Giffords, would amend the Illegal Immigration Reform and Immigrant Responsibility Act to extend the life of the voluntary program until October 31, 2013. Representative Giffords, who had initially supported legislation to scrap E-Verify in favor of a new mandatory verification system, said she introduced a five-year extension to make time for more study of the current system. The legislation now awaits Senate action.