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AMI Submits Comments in Opposition to Proposed Regulation that Would Require Federal Contractors to Use E-Verify

Tuesday, August 12, 2008

(American Meat Institute)

AMI has submitted comments to the Federal Acquisition Regulatory (FAR) Secretariat in opposition to a proposed rule that would require federal subcontractors of any tier to use the Department of Homeland Security’s E-Verify system to check employees’ work authorization. The proposed rule anticipates an effective date sometime in fiscal year 2009.

"AMI supports the Administration’s objective of fostering a legally authorized workforce," the comments read. "The proposed rule’s procurement objective of promoting 'economy' and 'efficiency' will not be achieved, however, if the rule expands, rather than reduces the practical and legal uncertainties that contractors subject to it confront."

The comments point to two fundamental challenges that should be addressed: (1) problems in the effectiveness of the E-Verify program must be addressed before its mandated usage system is greatly expanded; and (2) the legal basis for expanding E-Verify administratively beyond the statutory limitations of the program must be sound.

"The worst outcome of a final rule would be to add to the existing employer compliance confusion that has characterized immigration law since the enactment of the Immigration Reform and Control Act of 1986 and the resulting litigation and compliance challenges that undermine rather than enhance economic productivity and efficiency," the comments conclude.

To view AMI’s comments in their entirety, click here: http://www.meatinstitute.org/ht/a/GetDocumentAction/i/41078

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