From the Kansas City Star.

Recently, I wrote that the ACLU is suing the governor of Rhode Island to prevent the implementation of his executive order mandating that all state contractors use e-Verify. The ACLU claimed that this was a measure that was beyond the powers of the governor. A judge has denied the ACLU's motion to issue a temporary restraining order. But it was not all bad news for the civil rights organization. The judge held that the order could not take effect until the state issued regulations and allowed comments from the public.

In July, I reported on a raid at state courthouses across Rhode Island. Criminal cases are now proceeding against many of the 31 arrested janitors.

Employers in the southeast Tennessee city praise the program.

The Post says the Mississippi raid shows DHS is "backpedaling from its aggressive use of criminal charges and fast-tracked trials against illegal immigrants caught at workplaces" as was the case in the Postville, IA raid.

The Des Moines Register poll says Iowans think the owners and managers at Agriprocessors should also have been targeted, but also that the country should figure out a way to legalize illegally present workers.

The Ninth Circuit has ruled with the state in a complaint arguing that an Arizona law calling for the revocation of business licenses for companies employing illegal workers and requiring employers to use e-Verify will stand, at least for now. The court indicated that it would wait and see how the law was enforced and might entertain future challenges, according to experts. No word yet on whether the case will be appealed to the Supreme Court.

Two misdemeanor charges against managers. The rest are administrative charges against the workers.

Immigration and Customs Enforcement held an elaborate ceremony today announcing 26 new IMAGE program members and 10 associate members.

ICE describes the program as follows:

IMAGE membership begins with a self-assessment of hiring practices to uncover vulnerabilities that can be exploited by illegal aliens. Technical tools that screen job applicants, such as E-Verify, or screen Social Security Numbers, are integrated with best practices to assure that employees are legally eligible to work.

Companies that have been IMAGE members for more than two years attest that they are seeing more stability in their workforces and more interest on the part of clients in contracting with compliant companies.

Here is the list of IMAGE members:

Charter

Aluminum Precision Products - Santa Ana, Calif.
Atlas Pallet Company - Nampa, Idaho
Colcon Corporation - Sullivan, Ill.
Colorado Structures, Inc. - Colorado Springs, Colo.
General Dynamics - Falls Church, Va.
Hitch Enterprises, Inc. - Guymon, Okla.
National Association of Foreign Trade Zones - Washington, D.C.
Staff Management, Inc. - Chicago
Systems Painters and Drywall - New Ulm, Texas

Full

AccuWest Pacific, LLC - Sedro Woolley, Wash.
Apartment Rehabilitation Corporation - Newark
Atlanta Northside Aviation, Inc. - Kennesaw, Ga.
CHEP USA - Orlando
City of Palmdale - Palmdale, Calif.
Eagle Group International, LLC - Atlanta
Employment Verification Resources, Inc. - Reno
First Credit Union - Phoenix
First Montgomery Group - Newark
Fluid Components International, LLC - Canoga Park, Calif.
Hire Standards, LLC - Phoenix
HR Ideas, LLC - San Ramon, Calif.
Little Lady Foods, Inc. - Elk Grove Village, Ill.
New Dimension Human Capital Solutions, LLC - Troy, Mich.
The Odom Corporation - Bellevue, Wash.
Porter Industries, Inc. - Loveland, Colo.
Puerto Rico Freight Systems, Inc. - San Juan, P.R.
San Diego Flight Training International - San Diego
Sarasota Manatee Airport Authority - Sarasota, Fla.
Class 8 Parts Inc. - New Holland, Pa.
Sindall Transport Inc. - New Holland, Pa.
Sindall Truck Service, LLC - New Holland, Pa.
Sindall Warehouse & Distribution Inc. - New Holland, Pa.
Sundt Construction, Inc. - Phoenix
Swissport Cargo Services, L.P. - Los Angeles International Airport
SynQ Solutions, Inc. - Atlanta
TASER International, Inc. - Phoenix
TrueBlue, Inc. - Tacoma, Wash.
United Communities - Newark.

Associate

All American Brothers Company, LLC - Houston
DJ Manufacturing Corp. - Caguas, P.R.
El Conquistador Golf Resort & Casino - Los Croabas, P.R.
Express Employment Professionals of Mt. Vernon, Wash.
Express Employment Professionals of Bellingham, Wash.
International Shipping Agency, Inc. - San Juan, P.R.
National Group - San Juan, P.R.
Pulice Construction, Inc. - Phoenix
Smithfield Foods, Inc. - Smithfield, VA
Smith Protective Services - Dallas
Talent Tree, Inc. - Houston

Endorsee

New Jersey State League of Municipalities - Trenton, N.J.

Last March, Rhode Island Governor Donald Carcierri issued an executive order requiring all state contractors use the E-Verify electronic employment verification system. Carcierri skipped what other states have been doing - getting their legislatures to actually pass a law - and made law himself.

Now the American Civil Liberties Union has stepped in and filed a law suit claiming the governor's order exceeds his executive authority and also violates detailed statutes in place governing the purchasing process. Furthermore, the order is being implemented without regulations, a violation of the state's Administrative Procedures Act.

According to ACLU attorney Randy Olen:

The Executive Order is profoundly unwise and ill-advised as a matter of policy and, at least in part, is defective as a matter of law. The E-Verify requirement far exceeds the Governor’s constitutional authority, essentially attempts to create laws which directly conflict with specific statutes properly enacted by the General Assembly, and creates an unconstitutional impairment of existing contracts. In addition, the Department of Administration’s issuance of directives to implement the order, which threaten those who refuse to comply with the loss of present and future contracts, cannot stand in light of the absence of notice and comment procedures required by the Administrative Procedures Act. Whatever the motives behind the Governor’s attempt to address the issue of illegal immigration may be, the Executive Order’s attempt to legislate by executive fiat is clearly unlawful.

ACLU lawsuit challenging Rhode Island E-Verify exectuive order - Free Legal Forms

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