URGENT: SEND COMMENTS ON PROPOSED BASIC PILOT/E-VERIFY FEDERAL CONTRACTOR REGULATIONS (FAR DOCKET NO. 2008-0001; FAR CASE 2007-013) TO FEDERAL ACQUISITIONS REGULATION (FAR) SECRETARIAT BY MONDAY, AUGUST 11, 2008.

Model comments on immigration-related concerns are available here.  More information on this issue, including a copy of the proposed rule, is available here.

BACKGROUND

Under the proposed rule all federal agency contracts governed by the Federal Acquisition Regulations (FAR) must include a provision mandating use of the severely flawed Basic Pilot/E-Verify program. The proposed rule would require public and private contractors to use the Basic Pilot/E-Verify program to verify the employment eligibility of all employees hired after the contract is signed regardless of whether they do any work under the contract.  In addition, it would require contractors to use the basic pilot to re-verify the immigration status of all of their existing employees who are assigned to contracts covered by the mandate.  The new rules would impose a burden on at least 200,000 federal contractors and affect the livelihood of at least 4 million of their employees.

The proposed rule represents an attempt by the current administration to implement a de facto mandatory Basic Pilot/E-Verify program through regulatory action. The proposed rule not only violates existing laws but represents the administration’s practice of enforcement which ignores the due process and constitutional rights of workers. This sweeping change requires mandatory participation in a system which independent evaluations have found to be seriously flawed, inaccurate, and subject to substantial rates of employer abuse and illegal employment practices.

WHY YOU OR YOUR ORGANIZATION SHOULD SEND COMMENTS

• The proposed rule makes the Basic Pilot/E-Verify program mandatory for federal contractors even though current law states that the program is voluntary

• The proposed rule requires federal contractor employers to re-verify existing employees even though current law states that they are forbidden from doing so.

• The proposed rule is an attempt to use regulatory changes to implement a de facto mandatory electronic employment verification system.

• The proposed rule mandates use of the Basic Pilot/E-Verify program which is inaccurate, severely flawed and has an unacceptably high error rate.

• The proposed rule will mandate use of a program with substantial employer abuse rates, thus encouraging discrimination and profiling against lawful immigrant and U.S. citizen workers.

• The proposed rule will result in work-authorized immigrant and U.S. citizen workers being terminated by employers.

You or your organization can submit comments to FAR about this proposed regulation. Comments are due by Monday, August 11, 2008.

HOW TO WRITE COMMENTS

The National Immigration Law Center has prepared model comments which you can adapt for your own use. Your comments can be as long or short as you choose. They should reflect your own experiences and be in your own words so that the FAR Secretariat will count each comment separately. Please be mindful of the sections that are in italics where you will need to insert your organization's information.

HOW TO SEND COMMENTS:

There are several ways to submit your comments. Be sure to:

Online
You may submit comments electronically on http://www.regulations.gov.  Follow the instructions there for submitting comments for FAR DOCKET NO. 2008-0001; FAR CASE 2007-013; or

Fax
You may submit comments directly to FAR by fax at 202-501-4067. Include FAR DOCKET NO. 2008-0001; FAR CASE 2007-013 on the fax cover sheet; or

Mail/Hand Delivery/Courier
You can mail, hand deliver, or courier comments; please be sure to Include FAR DOCKET NO. 2008-0001; FAR CASE 2007-013 on the envelope. Contact telephone number is 202-501-4755.  All comments should be directed to:

Laurieann Duarte
Regulatory Secretariat (VPR)
General Services Administration
Room 4035
1800 F St.
Washington, D.C. 20405

NILC would also greatly appreciate if you also send us a copy of any comments you submit on this matter.  However, NILC CANNOT FILE COMMENTS FOR YOUR ORGANIZATION WITH THE FAR SECRETARIAT.  Our collection of copies of comments submitted by other groups is for internal informational purposes only.

For more information, contact Grisella M. Martinez.