E-Verify: Legal Reassurance for the Senate Leadership

The non-end of this year’s General Assembly session gives us the chance to return to some important legislation that would have otherwise fallen through the cracks. One of these is the e-verify bill

that would require Rhode Island employers with three or more employees to participate in the federally instituted E-verify system to verify the legal status of new hires on a prospective basis

[House 5143 PDF. Senate 0210 PDF.] E-verify passed the House but stalled in the Senate because Senate leadership has concerns about the legality of the bill. Greg Pare, Director of communications for the Rhode Island Senate, sent the following on June 24 in response to my inquiry as to the specifics of these concerns. (Emphasis added.)

Legal counsel to the Senate Judiciary Committee raised the following concern with respect to the E-verify legislation in its current form:
8USC§1324a(h)(2), entitled “Preemption,” declares: “The provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.”
Here are two case cites:

L544 F.3d 976 (Ninth U.S. Circuit Court of Appeals)
2009 WL 1563457 (C.A.8 (Mo.)) (Eighth U.S. Circuit Court of Appeals)

[This should be a link to 8USC§1324a(h)(2).] There’s only one problem. The e-verify bill contains no civil or criminal sanctions for employers who fail to comply with this proposed law. Accordingly, the two cases cited can also be set aside as they bolster a non-existent concern.
Senate leadership can be relieved and reassured – their concerns are unfounded. This bill can be voted out of committee and onto the Senate floor.

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14 years ago

REMEMBER WHO VOTED TO SAVE AMERICAN JOBS AND THOSE WHO BETRAYED US. Don’t believe for one minute, we are out of the quicksand yet? The illegal immigration enforcement battle has just began. Starting when Senate Leader Harry Reid, Speaker Nancy Pelosi and even President Obama begin their devious manipulating when the amendments enter closed door sessions. Our victories may have seemed successful and closed, but it now enter the dark domain of the conference committees. This is where our laws and brought and sold by the highest bidders, because the vicious cycle comes with open border, the free traders who have already been lobbying hard and have large war chests. Sen. Jim DeMint (R-SC) authored the completion of 700-miles of fencing along the southwest border, not just pathetic vehicular barriers and a virtual barrier. Sen. Jeff Sessions (R-Ala.) that would require all federal contractors to check the eligibility of new hires through E-Verify. Sen. Chuck Schumer (D-N.Y.) tried to table the amendment, but the motion was defeated. The amendment also calls for a permanent reauthorization of E-Verify, which is set to expire in September.Sen. Charles Grassley’s (R-Iowa) E-Verify amendment to the Homeland Security spending bill allows employers to check the workplace eligibility of all employees–NOT JUST NEW HIRES. Sen. David Vitter’s (R-La.) No-Match amendment prevents further delay in the implementation of a Bush Administration rule allowing the Social Security to send No-Match letters to employers. All the anti-sovereignty, pro-illegal immigrant groups are already swallowing their own bile, but will be on the doorstep on the Congress in the following days. The American people must be vigilant against many organization, who not only want to squash E-Verify completely, but de-construct the border wall. Council of Foreign Relations wants no barriers between the North American countries, so it doesn’t inhibit the free… Read more »

14 years ago

Slow day at AR. July weather wins out.

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