Springfield voters on Tuesday narrowly approved a requirement for local employers to use the national E-Verify system when hiring employees. With a turnout at about 14 percent, the petition-based measure passed 8,247 to 8,026 according to unofficial results. The city is evaluating precisely how it will implement and enforce the new requirement. In general, every business entity that applies for a business license or permit to engage in any type of work in the city shall sign an affidavit, prepared by the city attorney, affirming that they have enrolled in the E-Verify Basic Pilot Program and do not knowingly utilize the services or hire any person who is an unlawful worker.
Enforcement of the new law will be complaint based. This means the city will respond to citizen complaints rather than conduct proactive enforcement. The ordinance spells out that process and does require that the complaint must be written and signed by a city official, city resident or business entity. A valid complaint must include an allegation which describes the alleged violator(s) as well as the actions constituting the violation, and the date and location where the violation occurred. A complaint which alleges a violation on the basis of national origin, ethnicity or race shall be deemed invalid and shall not be enforced.
If a complaint is deemed valid, the city’s finance department will, within three business days, request identity information, through the use of the Basic Pilot Program, from the business entity regarding any persons alleged to be unlawful workers. If the business entity in question does not respond to the finance department within three business days, their business license will be suspended. To see the full text of the law, click here.
The rule does specify monetary penalties for violations but these are in direct contradiction to federal law. Consequently, the city anticipates a law suit may be filed in the near future. Greg Burris, the city manager, issued the following statement in regard that possibility, “We will also monitor any possible Court-ordered stays of enforcement so as not to needlessly waste taxpayer dollars. If a lawsuit occurs, the City will attempt to defend the voters’ decision using internal City Attorney’s staff resources as much as possible and determine which other projects will be put on hold. Any additional fees for external legal assistance will come from the City’s Rainy Day fund.”
The National Association of Home Builders has been supportive of federal legislation mandating the use of the E-verify system on all U.S. employers to ensure it is a fair, efficient and workable system. With regard to general contractor employer-related immigration responsibilities, the NAHB has also provided some explanation and sample language for general contractors to use in contracts with sub-contractors. To view that sample language, click here. To register for free webinars about using E-verify as well as programs about I-9 related employer responsibilities, click here.