February 19, 2008

US Department of Homeland Security Announces 6.8 percent budget increase for FY 2009

President Bush’s fiscal year 2009 budget request for the Department of Homeland Security (DHS) represents $50.5 billion in funding, which is an increase of 6.8 percent over the 2008 fiscal year level – excluding funds provided in emergency supplemental funding.

Some of the main areas of funding include An increase of $442.4 million to hire, train and equip 2,200 new Border Patrol Agents, $140 million to fund U.S. Customs and Border Protection’s Western Hemisphere Travel Initiative (WHTI) rollout to land and sea ports of entry after June 1, 2009, an increase of $46 million to provide 1,000 additional beds, staffing, and fund associated removal costs required to meet demand generated by increased enforcement activities.

In addition, $100 million has been allocated for the E-Verify program.  E-Verify allows employers to use an an automated system to verify the employment authorization of new hires.  Partly as a result of increased enforcement action by the DHS and partly as a result of several State laws mandating participation in the program, enrollment in the program is increasing greatly.  However, a recent report commissioned by DHS itself noted that as many as 10% of naturalized citizens show up in the E-Verify program as being unauthorized to work.  The high error rate of the program together with the need for growth as more employers join led to this significant funding request.  E-Verify is not mandatory in most states, and employers are encouraged to contact their GT attorney to assess the potential risk of joining the program before enrolling.