U.S. Court of Appeals for the Fourth Circuit

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Fourth Circuit considers mandatory use of E-Verify for federal contractors

September 09, 2009

The Fourth Circuit affirmed the district court's decision to deny NCLC's emergency motion for an injunction of the federal contractor E-Verify Rule. The federal contractor rule was originally scheduled to take effect on January 15, 2009, but the federal government delayed implementation on four separate occasions.

At the U.S. District Court for the District of Maryland:

Complaint filed 12/23/08. Rule postponed 1/9/09. Plaintiffs’ motion for summary judgment filed 1/14/09. Defendants' motion to stay granted 1/28/09. Rule postponement published in Federal Register 1/30/09. Rule postponed 4/17/09. Defendants’ status report filed 5/29/09. Rule postponed 6/2/09. Defendants’ motion for summary judgment filed 7/27/09. Plaintiffs' opposition to defendants' cross-motion for summary judgment and reply filed 8/3/09. Amici brief by ACLU, NILC and MALDEF filed 8/3/09. Defendants’ reply brief filed 8/10/09. Oral argument held 8/21/09. Decided 8/26/09. Emergency motion for injunction pending appeal filed with district court 9/1/09. Emergency motion for injunction denied 9/4/09.

At the U.S. Court of Appeals for the Fourth Circuit:

Emergency motion for injunction filed with Fourth Circuit 9/4/09. Federal contractor E-Verify rule effective 9/8/09. Emergency Motion for Injunction denied 9/9/09. Stipulation of dismissal filed 12/14/09. Case dismissed 12/14/09.

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