White House Holds Off on Tightening Immigration Checks
JANUARY 30, 2009, 5:32 P.M. ET

By MIRIAM JORDAN
The Obama administration postponed implementation of a Bush-era program to crack down on illegal immigrant workers and their employers, and is likely to delay another set to go into effect on Feb. 2.

A notice published Friday in the Federal Registrar confirms that a program that would require federal contractors to ensure that their employees are legally authorized to work in the U.S. will be postponed by 90 days. The E-Verify system, an electronic internet-based system that enables employers to compare the names and Social Security numbers of new employees against a government database, won't become mandatory until May 21. According to the registrar, the postponement of the rule occurs "in order to permit the new administration an adequate opportunity to review the rule."

Another rule concerning changes to employer verification of a person's employment eligibility will be delayed until April 3. On Monday, all U.S. employers were to begin using a revised version of the so-called Form I-9, which is used to verify the identity and authorization to work in the U.S. of all newly hired workers. Delaying the implementation of the rule by 60 days will allow employers to continue to accept a wider range of documents -- including documents that have expired -- as proof of work eligibility.

The E-Verify program was pushed by President George W. Bush as part of his attempt to tighten immigration enforcement. He signed an executive order to require federal contractors to use the electronic database. The rule originally was scheduled to go into effect on Jan. 15, but DHS delayed implementation until Feb. 20 after the U.S. Chamber of Commerce and other groups filed a lawsuit to block it.

"The Department of Homeland Security remains committed to implementing the E-Verify electronic employment verification system, which is free, voluntary and represents the best means available for determining employment eligibility of new hires and the validity of their social security numbers," said Bill Wright, a spokesman for U.S. Citizenship and Immigration Services, which operates the system.

People with knowledge of the government's plans said that the E-Verify rule for federal contractors could be postponed further or even cancelled altogether. "Although embraced by many in federal and state government, E-Verify is technically on life support," says Angelo Paparelli, an immigration attorney who specializes in employment.

As the Bush administration put in motion an enforcement-first approach to illegal immigration, it encouraged employers to sign onto the electronic program amid a crackdown on those who hire undocumented workers. Currently, about 100,000 businesses participate in the program, which is still voluntary. However, many business and immigrant groups have charged it isn't fault-proof and could lead employers to fire employees who may be legally in the country.

Write to Miriam Jordan at miriam.jordan@wsj.com

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