The City of Springfield has reached an agreement with plaintiffs in a lawsuit over the City’s controversial E-Verify ordinance approved by voters in February. It essentially nullifies the mandate requiring all employers to use the federal E-Verify system when hiring.
The plaintiffs contended that the ordinance, proposed by the Ozarks Minutemen and passed by initiative petition, was unconstitutional and in violation of federal and state law. The agreement leaves intact only a small part of the ordinance, and orders that what remains are provisions that may only be enforced consistently with state and federal law.
“We are pleased to have these issues behind us and that we may focus on the business of serving our citizens again,” said Greg Burris, City Manager, in a news release issued by the City. The City law department will bring forward a “clean-up” bill to bring the current ordinance into conformity with the judgment which will essentially mirror current federal and state law.
At that time, the City is in the same position as before the ordinance, with employers compelled to comply with the current federal and state law. Laws currently require companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization. Laws do not mandate the use of E-Verify – the free federal Internet-based system that allows businesses to determine eligibility of employees to work in the United States.
To ensure it is a fair, efficient and workable system, the National Association of Home Builders is only supportive of legislation at the federal level that would require the use of the E-verify system on all U.S. employers. With regard to general contractor employer-related immigration responsibilities, the NAHB has also provided some explanation and sample language regarding compliance with immigration laws for general contractors to use in contracts with sub-contractors. To view that sample language, click here.