AILA Applauds Challenge by U.S. Chamber of Commerce to Federal Government’s Attempt to Expand E-Verify Program

Tuesday, December 23, 2008
George Tzamaras

WASHINGTON, DC- The American Immigration Lawyers Association (AILA) applauds the U.S. Chamber of Commerce today in challenging the legality of requiring federal contractors and sub-contractors to use the Department of Homeland Security's (DHS) E-Verify system. "The Chamber should be commended for challenging the federal government's attempt to drastically expand the E-Verify program," said Charles H. Kuck, President of AILA. "The idea of using an Executive Order to go beyond clear federal immigration and procurement laws and to impose liability on government contractors who are unable to comply is simply misguided and unlawful."

E-Verify allows employers to voluntarily verify the work authorization of new employees. The Chamber's lawsuit challenges the government's use of an Executive Order coupled with federal procurement law to make E-Verify mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. The Chamber also challenged expanding E-Verify to require reconfirming the employment authorization of existing workers.

The case, filed in the U.S. District Court for the District of Maryland, is Chamber of Commerce of the United States of America, et al. v. Chertoff, et al. Joining the U.S. Chamber as co-plaintiffs in the lawsuit are the Associated Builders and Contractors, the Society for Human Resources Management, the American Council on International Personnel, and the HR Policy Association.


The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Cite as AILA Doc. No. 08122342.