ACLU Questions Validity of Rhode Island Order to Implement E-Verify Program for Vendors

04 Sep 2008

This week, Rhode Island’s state chapter of the American Civil Liberties Union (ACLU) legally challenged that state’s governor’s executive order that requires all vendors and contractors with the state to participate in E-Verify, the Department of Homeland Security’s electronic employment eligibility verification program. The ACLU claims in their challenge that E-Verify is “riddled with significant flaws, and returns inaccurate information regarding the immigration and employment status of new hires – and particularly lawful foreign-born workers – at more than a minimal rate.”

After Governor Donald Carcieri’s March executive order, Rhode Island’s Department of Administration sent a notice to every individual and business on the state’s vendor registration list (in late July) that they had 45 days to provide certification that they and their subcontractors are registered with and use the E-Verify program to verify eligibility of their employees.

The ACLU’s lawsuit was filed on behalf of the Rhode Island Coalition Against Domestic Violence and two professions at Rhode Island College who have vendor relationships with Rhode Island and are opposed to participating in E-Verify. The ACLU claims that Governor Carcieri’s order exceeded his executive authority by placing requirements on private businesses; in addition, the order, the ACLU claims, violated detailed statutes that govern the process by which the state manages its purchasing programs.