On February 10, 2009, the Senate passed an amended version of the American Recovery and Reinvestment Act of 2009 (H.R. 1), known as the economic stimulus package, by a vote of 61 to 37. Unlike the House’s version, the $838 billion package does not include a provision requiring federal contractors who receive funds to use the E-Verify system.

The inclusion of E-Verify in the stimulus package has been controversial. The House’s version of the bill, which was passed on January 28, 2009, prohibits certain federal contractors from receiving any stimulus funding unless they use the E-Verify system. E-Verify is an internet-based system jointly administered by the Department of Homeland Security’s U.S. Citizenship and Immigration Services and the Social Security Administration that allows employers to verify employees’ work eligibility. Opponents of E-Verify have criticized its error rate.    

On February 11, 2009, Senate and House leaders reached agreement on a final version of the economic stimulus package, which is reported to be worth $789.5 billion. A copy of that bill has not yet been made publicly available. The legislation now makes it way to the House, which is expected to vote on it as early as Friday, February, 13, 2009.