Judge: State needs to create new rule to use E-verify
4:15 PM Mon, Sep 15, 2008 | Permalink
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By Karen Lee Ziner PROVIDENCE -- A Superior Court judge today denied a request for a temporary restraining order to prevent the state from requiring its vendors to screen new hires through a federal E-Verify program that determines whether those hires can legally work in the United States. But Judge Mark A. Pfeiffer also found that the Department of Administration "more likely than not" violated the rule-making requirements of the Administrative Procedures Act, and must now publicly announce a new rule pursuant to that act. Until then, the state will not be allowed to terminate any existing contracts, and current vendors are not required to register with E-Verify until further notice. The complaint was filed by the American Civil Liberties Union/Rhode Island affiliate and three other plaintiffs, against Governor Carcieri and Administration Director Jerome Williams. The governor's March executive order on illegal immigration in part directs the DOA to use the E-Verify system. The ACLU said, "Although our request for a restraining order was formally denied, we are pleased that the judge in essence granted us one. By acknowledging that the state clearly violated the Administrative Procedures Act in implementing the program, and by preventing the state from taking any action for the foreseeable future against vendors who do not register with it, the court has temporarily halted state enforcement of this flawed program, as we had requested," the ACLU stated. The governor, in a statement issued by his office, said, "We are pleased with the judge's decision to deny the temporary restraining order, which allows the Administration to move forward in requiring vendors to use E-Verify. More importantly, the decision clearly recognizes that my Executive Order was within my authority and allowed by the state's Constitution." Carcieri said that in accordance with Judge Pfeiffer's decision, the administration department "will immediately move forward to promulgate a purchasing regulation that expressly requires vendors who are doing business with the State of Rhode Island to use E-Verify." Extra: Read Judge Pfeiffer's 7-page decision 
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At long last, a judge with the gray matter to comprehend the law in a population dominated by the ignorant.
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The ACLU is a flawed program and someday, someone is going to figure out how to put a hitch in their craw.
All they did was delay the inevitable. The state is going to require anyone dealing with the state to use eVerify.
I wouldn't doubt the reason why 2100 vendors didn't file the paperwork with the state is because those idiots at the ACLU probably headed them off at the pass.
There is evil in every society.
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In the rush to get this done, the State didn't dot the i's and cross the t's. We now that a judge has ruled, they will make sure they do, Since we are paying the freight, the taxpayers should be getting the jobs!
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E-verification of identity for new hires only makes sense: a company needs to know WHO they are hiring and who they are putting on their payroll, so that the worker pays taxes and is a legal worker under the law. Bravo for a clear and obvious judicial decision.
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My congratulations to the Judge and Governor Carcieri! Yes, the Governor was well with in his authority and e verify is a no brainier. We all understand the total cost and dangers of illegal immigration.
We finally have a Judge that understands that the flawed legacy thinking (status quo) that supports an unfordable agenda of liberal largess is no longer acceptable e.g. lacks taxpayer affordability.. Moreover a Judge that understands that enforcement of the rule of law is an acceptable bases for the intended EX order issued by Governor Carcieri.
Hence forth the beginning of a paradigm shift in the size, cost and operation of state government begins. Today starts with this very first step forward down a path of State Government reform and continuous improvement.
That is elements of entrenched state government and their cronies like the ACLU start the foot dragging passive aggressive behaviors when ever a modification to state government practices is identified. Yes, especially if it reduces the size of state government and lowers the over all coast of sate government to the tax payer.
Again, Thank you very much Judge and Governor Carceri please get on with the host of over due and necessary State Government reforms that will enable modifications to the practices and overall operation with resultant increased efficiencies and cost saving.
Governor Don Carcieri is the man with the experience, energy, passion, sensitivity and resolve to finally get this state moving!
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