Court: State can’t ban E-Verify

April 9, 2009 by
Filed under: Applicant background screening, In this week's e-newsletter, Latest News & Views, Security and law 

The latest battle over E-Verify: One state law banning the system has been overturned in federal court.

Though many states have made E-Verify mandatory for some or all employers, Illinois actually prohibited companies from using it — that is, until the law was challenged in court.

The law said employers could not use E-Verify until the federal government got the system working better. Right now, when employers attempt to verify a new hire’s work authorization, they either get a verification or a “temporary nonconfirmation notice” (TNC).

In the event of a nonconfirmation notice, the employee can pursue a secondary verification with the government to correct any mistakes. The government then has 10 days to issue a verification or a final nonconfirmation. Employees cannot be terminated until the final nonconfirmation is issued.

The Illinois legislature wanted the feds to be able to take care of 99% of TNCs within three days and made the program illegal until that happened.

But the feds sued, claiming Illinois’ prohibition violated the federal law authorizing E-Verify, which intended to make the program an option for all employers.

The court agreed, and the law was overturned.

Cite: United States v. Illinois

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Comments

4 Comments on Court: State can’t ban E-Verify

  1. Brittancus on Thu, 9th Apr 2009 7:08 pm

    2. In this melting economy and our lawmakers complete resistance to the US publics policies. American patriots must do the right thing and stop this violation of Federal law. No doubt it will be very difficult because the administration in power, is run by Left wing Democrats. Sen. David Vitter, Republican-LA has drafted S95, a law if enacted, could kill all funding to any city that is infamously branded a “Sanctuary City.” With indifference to American populations outcry any city that entertains as a refuge to illegal immigrants. They will have to search the deep pockets of their business co-conspirators, to insure costs for services. We all know the 50 Senators including Harry Reid, and Madam Pelosi who secretly suppressed e-verify, so that more than 300.000 illegal labor, could compete for jobs with American Workers.

    What are any of these idiots thinking, when their are 10 million jobless Americans right now in these United States? They must be undead zombies not to realize without any logic, that we can’t afford to subsidize as estimated by the Heritage Foundation 40 million illegal aliens? Perhaps professional people in limited numbers with absolute skills in the scientific fields. But certainly not uneducated, indigent labor who competes with legal low skilled whites, blacks or any other color, creed or religion? We all must be bloody fools not to recognize, that California nearly went into a $47 billion dollar crash. Because of the payout to the illegal poor who have figured out the way to short change Americans of their pay checks. Also know America settles more new legal immigrants, than any place on Mother Earth. Over 1.5 million immigrants were nationalized last year.

    Should this law get the backing of millions of Americans, we have the tremendous influence to sever most welfare benefits and government handouts, to anybody who steals into a sovereign country without being processed. In states like California where in just Los Angeles county alone, an estimated 4 million illegal nationals have settled there. The people’s safety net is now overwhelmed by families, who have learned to tap every social welfare program available. Legal or otherwise! Even Federal programs-for citizens only– has been compromised, including low income housing, pre-natal and after birth care, hospital emergency care, where the illegal uninsured, dumped on the entrance to a hospital by pirate contractors and business owners. It is Left for the taxpayer, to pick up the bill. Not just for major injury, but for flue, nail fungus or anything minor–and its free. All the while citizens are interrogated for their insurance card, social security number or money to pay. They get Scott-free care and we get a phone call from a debt collector or end up in front of a bankruptcy judge. California was just one state where local government has intentionally ignored the “Rule of Law.” Poor foreign nationals have turned our neighborhoods into littered streets and heinous crime scenes as never before in our history.

    Today we have a slender chance to stop this caricature of our laws. Call, write, fax or phone and make your demands real to these pro-illegal immigrant legislators. It seems their arrogant attitude can overrule the will of THE PEOPLE. The president has already informed us that an Amnesty is being readied. The problem is after the 1986 Amnesty, we were avidly promised–NO MORE. If yet another Amnesty is passed, the impoverished outside our lands will keep coming. Taxpayers have–and will be a permanent–THE BEAST OF BURDEN. Taxpayer in-perpetuity will be expected to carry in social services for every lawbreaker. We cannot afford another Amnesty. Every family from Guatemala, Kowloon and Bombay can sponsor all and every relative they possess and you end up paying for our traitorous politicians.

    Go to CAPSWEB to utilize their petition to condemn Sanctuary cities. Read the facts at NUMBERSUSA, JUDICIALWATCH, FAIR AND AMERICAN PATROL

  2. John on Thu, 9th Apr 2009 11:06 pm

    3. My thought? Nice partisan post. Practice politics somewhere else than a HR forum.

  3. Brittancus on Sat, 11th Apr 2009 3:37 pm

    4. E-Verify is simple, free, Web-based system that works by electronically comparing new employee information taken from the Form I-9. It works, and maybe that’s why the open border zealots have amassed against the application ? Opponents of E-Verify have resorted to charges that it is full of errors, when in truth it has an average a 99.5 success rate. More than 425 million records in the Social Security Administration’s database and more than 60 million records in the Department of Homeland Security’s immigration data base can then be verified.

    In March E-verify was further enhanced by using a picture tool that helps patriotic businesses to identify illegal foreign workers. It allows an employer to compare identical photos – the worker’s photograph on the EAD or green card against the image stored in USCIS’ databases, which contains nearly 15 million images of individual documents. The tool is designed to help an employer determine whether the document presented reasonably relates to the individual presenting it and contains a valid photo.

    Typos and similar problems are cured on line, so legal workers usually only have problem only if they changed their names or citizenship status–but failed to inform Social Security of the change. Others have to do something more to establish that they are lawfully authorized to work by approaching the SSA. While certain individuals do nothing–disappearing into the woodwork. It works! So–THE PEOPLE–should make it a permanent addition to our arsenal against illegal aliens stealing jobs of Americans. If a business hires illegal labor and have not used E-verify, they should be subject to severe penalties. Two legislators have remained instrumental in trying to dismantle E-Verify, the REAL ID act, police enforcement (247(g) and ICE raids. Sen. Harry Reid and Speaker Nancy Pelosi. Remind your Senators and Congressman–who they work for? Washington switchboard. 202-224-3121 Reid’s Carson Office: 775-882-7343/ Vegas: 702-388-5020
    House Speaker Pelosi: 202-225-0100 / San Francisco: 415 556-4862

  4. John on Sat, 11th Apr 2009 4:01 pm

    5. Ok you have had your bully pit time. All you are doing as far as I’m concerned is proving that you are some knid of nut job.