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Business and Policy Areas
Business and Policy Areas
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NACUBO Submits Comments on E-Verify

August 12, 2008

NACUBO joined ACE and other higher education associations on a comment letter in response to a notice of proposed rulemaking issued by the General Services Administration. The proposed rule is intended to carry out the Executive Order dated June 6, 2008, which requires that certain federal contractors and subcontractors use the "E-Verify" employment verification program to verify the work eligibility of certain employees.

Specific concerns outlined in the comment letter are:

  • The proposed rule exceeds and circumvents statutory limitations placed on the program.
  • The proposed rule mandates that contractors use the E-Verify program, contrary to the express intent of Congress that the program be voluntary. Furthermore, it would require that employers use E-Verify to verify current employees directly engaged in work under the contract, despite the fact that the law permits verification of new hires only.
  • Error rates are very high in the existing system and the heavy influx of employers who will have to enroll will burden it even further. The government should take a more measured approach or a phased approach in increasing E-Verify participation.
  • The threat of error rates is amplified by the current lack of recourse employees and employers have in the event of a false non-confirmation.
  • The rule fails to account for problems international personnel have encountered obtaining social security numbers.
  • The requirement to re-verify existing employees poses administrative problems.
  • Clarity is needed in the final rule ensuring that primary contractors would not be held liable for E-Verify violations committed by subcontractors.

NACUBO and other higher education associations are committed to enhancing homeland and national security and remain unequivocal in support of effective employment verification.

For more information, contact Michele.Madia@nacubo.org