Today, the parties to the recent lawsuit challenging the E-Verify Federal Contractor Rule announced that the government had agreed to postpone the implementation date until February 20, 2009. The E-Verify Federal Contractor Rule had been slated to take effect on January 15, 2009, requiring federal contractors and subcontractors to enroll and use E-Verify for all new hires as well as existing employees who directly perform work under the federal contract or subcontract. A notice announcing the suspension will most likely be published in the Federal Register early next week.

According to this latest agreement, federal contracting agencies will not be required to include the E-Verify clause in any contracts awarded or solicitations issued prior to February 20th. In the meantime, the plantiffs in the lawsuit will file expedited briefs with the court in support of their argument that the regulations should not be implemented at all. It remains to be seen whether the court will issue a ruling prior to February 20, 2009, the new implementation date.