DHS Funding/Immigration Remain in the News – E-Verify Implications
Funding of the Department of Homeland Security (DHS) along with President Obama’s executive order on immigration remain hot topics in the news and areas to keep a close watch on. With the deadline to fund DHS fast approaching, the Republican and Democrat public disagreement over the immigration amendments are key. Reuters reports that DHS has classified approximately 85% of its workforce as “exempt” from furlough (especially those involved in protecting human life and property), but DHS says that “the bulk” of management would be furloughed. That includes E-Verify, which is one of the programs that “would be shut down” if DHS funding lapses on February 27th.
How does an E-Verify shut down impact hiring activities? During this time, employers are not able to create E-Verify cases to determine the eligibility of their employees to work in the United States. However, when E-Verify is shut down, Equifax Workforce Solutions I-9 Management solution maintains a record of cases to be submitted to E-Verify. Once E-Verify is reinstated, Equifax I-9 Management will submit applicable E-Verify cases – allowing for E-Verify processing to occur without additional burden on the employer.
Also happening last week, U.S. District Judge Andrew Hanen granted a temporary injunction to halt the executive action programs for Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction occurred just before U.S. Citizenship and Immigration Services (USCIS) was set to begin accepting applications under the expanded DACA program and at minimum delays the implementation of the executive action. Secretary Jeh Johnson has already issued a statement of disagreement related to the court’s ruling. Expect a legal battle as the Obama administration is very likely to begin the appeal process.
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