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Greg Siskind on Immigration Law and Policy

HEADS UP: E-VERIFY RULE LIKELY WILL BE OUT IN NEXT FEW WEEKS

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DHS has sent its draft regulations regarding requiring federal contractors to use E-Verify to the Office of Management and Budget for a final review. Expect the rule to be published very soon. Don't be surprised if a lawsuit is filed to block the rule from taking effect because DHS is expected to state that the rule will not be economically significant, something that is necessary for the rule to be fast tracked.

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  1. Grace's Avatar
    I don't think that DHS will try the economically insignificant argument. The proposed rule as published for comment estimated a 10 year cost for the rule at more than $550 million. It's hard to say that cost is "insignificant". More likely, in my opinion, is they will argue that national security requires expedited approval of the rule.

    However, it's also possible that the entire rule could be undone in a few weeks with a new administration. Let's say the rule clears OMB in the next 15 days, around November 1. If its published in the FedReg the next day (which is not likely) - it will not be effective until 60 or 90 days after publication. As the whole program is based on an executive order, an incoming administration could easily kill the entire proposal. Alternatively, if E-Verify is allowed to sunset in March 2009, the rule becomes moot, because there will be no E-Verify program in place for contractors to use.

    One would hope with the Federal Budget already bleeding with red ink, an incoming administration would see that the costs of this program - and the costs of litigating challenges to it - would be throwing away money we can't afford to waste.

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