Governor Comments on Superior Court Decision that Upholds E-Verify Requirement

04-06-2009

Superior Court Judge Pfeiffer upheld the Governor’s implementation of the requirement for vendors doing business with the State to utilize the federal E-Verify program. This requirement was issued by the Governor through his issuance of Executive Order 08-01, Illegal Immigration Control Order, in March of 2008. The decision was issued on Friday, April 3, 2009.

The Court held that the Governor’s Executive Order was a “proper exercise of executive authority and did not violate any constitutional authority of the General Assembly.” Further, the Court held that the Director of Administration, as Chief Purchasing Officer had acted within his scope of authority by issuing regulations to implement the E-Verify requirement. Consequently, the Court ruled in favor of the Governor and the Rhode Island Department of Administration.

Governor Carcieri was pleased with the Court’s decision and stated, “Requiring vendors doing business with the State to utilize the Department of Homeland Security’s E-Verify program helps protect the integrity of our government system and promotes public confidence. Therefore, I am extremely pleased with this decision.” The Executive Branch will continue to require vendors doing business with the State on a go-forward basis to register and use the E-Verify Program as required.

The Department of Administration adopted final regulations related to E-Verify in January, 2009. The process to enact these final regulations involved two public hearings and significant public comment. Vendors doing business with the State who enter into new contracts, subsequent to the E-Verify requirement, must register and use the E-Verify program in order to be eligible to be awarded a purchase order from the State.

The E-Verify program is an internet based system established by the U.S. Department of Homeland Security, in partnership with the Social Security Administration, to verify the employee eligibility to work in the United States.