June 16, 2008

ISSUE 1223

BUSH SIGNS E-VERIFY EXECUTIVE ORDER

President Bush signed Executive Order 12989 June 9, which requires any contractor providing goods and/or services to the executive branch of government to use an electronic employment eligibility verification system designed by the Secretary of Homeland Security. The system verifies the employment eligibility of a) all persons hired during the contract term by the contractor to perform employment duties within the United States; and b) all persons assigned by the contractor to perform work within the United States on the federal contract.

The Secretary of Homeland Security, after consultation with the Secretary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of other departments or agencies as may be appropriate, will issue regulations to establish procedures that federal contractors will have to follow.

Until such regulations are written, it’s difficult to determine the impact this order will have on growers who may supply produce to the school lunch program, the Department of Defense, or other federal programs or agencies.