lllegal Worker Rules Delayed at State, Federal Levels
February 04, 2009
Author: CFM Staff
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The Obama administration has delayed implementation of the new rule requiring federal contractors to use E-Verify for checking the legal status of their workers. At the same time, a Columbia County Circuit Court judge has delayed the start of an ordinance that would punish employers caught hiring illegal workers in the county.
The federal rule originally was scheduled to go into effect January 15. The Department of Homeland Security delayed implementation until February 20 after the U.S. Chamber of Commerce and other groups filed a lawsuit alleging the DHS lacks authority to make use of E-Verify mandatory for contractors.
The Obama administration now has postponed implementation until May 21, “in order to permit the new administration an adequate opportunity to review the rule.” DHS has extended the public comment period on the rule to March 3.
In Oregon, a judge delayed implementation of a contentious ballot measure approved by Columbia County voters in November. Ballot Measure 5-190 created a county ordinance, which imposes hefty fines on employers who hire illegal workers in the county. It was scheduled to take effect this week.
A Columbia County Circuit Court judge delayed the measure, "given the number of legal issues to be considered, finding potential harm to the legislative bodies who would have to start enforcing the ordinance, the expense to the public and the expenses potentially incurred by employers," he said to a packed courtroom.
A coalition of social justice workers and business owners represented by the American Civil Liberties Union of Oregon and the Northwest Workers' Justice Project challenged the measure in court, claiming the ordinance is unlawful because immigration enforcement is beyond the provision of the county. County officials have said the enforcement of the ordinance would take significant resources, to the detriment of other county programs.
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