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06-19-2008, 11:38 AM #1
Bush Acts to Limit Employment of Illegals on US Contracts
President Bush Acts to Limit Employment of Illegals on US Contracts
Bill Smith, ARRA Editor: Although seven years late and millions of illegal aliens that could have been discouraged from entering the United States, President Bush took action to additional action to restrict illegals from being employed by business and contractors doing business with the United States Government. The President amended Executive Order (EO) 12989 which required companies/contractors doing business with the Federal Government to use an electronic verification system that is linked to the Social Security database to ensure their workers can legally work in the United States. The move is another critical step in ratcheting up enforcement of immigration laws through tough measures. The need for this action was inherent in the results of several high-profile raids on work sites and factories across the country that yielded numerous illegals working on Government contracts. President Bush set forth his position in the EO as follows:
This order is designed to promote economy and efficiency in Federal Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose workforce is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of the United States, including the detection and removal of illegal aliens and the imposition of legal sanctions against employers that hire illegal aliens. Because of the worksite enforcement policy of the United States and the underlying obligation of the executive branch to enforce the immigration laws, contractors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal contracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or knowingly continue to employ unauthorized workers.
Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore generally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides the best available means to confirm the identity and work eligibility of all employees that join the Federal workforce. Private employers that choose to contract with the Federal Government should meet the same standard.
I find, therefore, that adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement.
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