Home > Hot Topics > States Passing E-Verify Laws > 10th Circuit Upholds Oklahoma’s E-Verify Mandate for State Contractors

States Pass E-Verify Laws

Overview

Several states have passed legislation requiring employers to use E-Verify. E-Verify is an employment verification tool managed by the Department of Homeland Security that uses information from the Social Security Administration and United States Citizenship and Immigration Services to determine an applicant's eligibility to work.

Visit your Action Buffet to take action!

Related Issues

Update

10th Circuit Upholds Oklahoma’s E-Verify Mandate for State Contractors

Tuesday, February 2, 2010, 8:39 PM EDT - posted on NumbersUSA

The 10th Circuit Court of Appeals today upheld Oklahoma’s authority to enforce a law that requires public contractors to participate in the federal E-Verify program. The U.S. Chamber of Commerce and other plaintiffs in the case claimed the E-Verify requirement and two other measures in the law were expressly and impliedly preempted by federal law. A federal District Court had previously sided with the plaintiffs and issued a preliminary injunction that barred Oklahoma’s enforcement of the three provisions.

The majority on the 10th Circuit’s three-judge panel today decided the district court had erred in its determination that the law’s E-Verify provision was preempted. However, the panel returned to the lower court decisions on provisions that makes it a discriminatory practice for an employer to terminate an authorized worker while retaining an illegal aliens, and that require contractors either to verify the work eligibility of their individual independent contractors or withhold certain taxes from those contractors.

Oklahoma State Rep. Randy Terrill, the law’s author, reportedly said the state has yet to decide its next course of action. Options include asking for a rehearing before the 10th Circuit, appealing the case to the Supreme Court, or proceeding to the U.S. District Court in Oklahoma City, as provided in today’s decision.

Read more here.

Subscribe to our News Feed
Related Searches:

Polls

Gannett Poll Finds NJ Residents Oppose Rewards for Illegal Aliens

Oppose Rewards for Illegal Migration - Tuesday, March 24, 2009

Sixty-two percent of state residents oppose granting illegal immigrants some type of limited driver's license, according to a Monmouth University/Gannett New Jersey poll.

Only 32 percent said children of illegal immigrants deserved in-state tuition rates, while 20 percent favored the lower rates for illegal immigrants themselves.

http://www.courierpostonline.com/article/20090324/NEWS01/903240343/1006/

In the News

Leaders mulling verification law

Quoted - Wednesday, September 30, 2009

As of April, the most recent date for which statistics are available, 12 states had passed laws requiring some or all employers to use E-Verify in hiring new employees. Five states had E-Verify laws under discussion by their legislatures, according to NumbersUSA, a political action committee concerned with immigration issues.

Betty Mitchell Gray - Washington Daily News

http://www.wdnweb.com/articles/2009/09/30/news/doc4ac28bf9bb6b1943961843.txt

Governor of Arizona Is in Line for Cabinet

Quoted - Friday, November 21, 2008

"My first thought is that Obama could do a lot worse," said Roy Beck, president of Numbers USA, a policy group in the Washington area, who went on to praise Ms. Napolitano’s law enforcement background while denouncing her support for a guest worker program as "amnesty."

Randal C. Archibold, New York Times, 20 November 2008

http://www.nytimes.com/2008/11/21/us/politics/21napolitano.html?_r=1&ref=us

Amnesty lobby is immigration Goliath

Quoted - Monday, May 14, 2007

"The money and the lobbying power is stacked against us," said a representative of NumbersUSA. "This is an issue that people see and experience the effects of on an everyday basis. There is definitely a very powerful grass-roots activism on this issue."

NumbersUSA has more than 300,000 activists sending faxes and calling Congress, an increase from 100,000 two years ago. More than 1 million people receive e-mail alerts from the group.

Politico.com

http://dyn.politico.com/printstory.cfm?uuid=8CD543A4-3048-5C12-00D21E1EA5580F60

SC agency identifies 35 illegal immigrants at 5 school construction sites; company fined

In the News - Tuesday, August 31, 2010

State investigators have identified nearly three dozen illegal immigrants working at school construction sites in one South Carolina county, and fined a company, officials announced Friday.

The state agency overseeing South Carolina's illegal immigration law reported that five subcontractors have been cited for employing 35 illegal workers — 32 of them identified since the 2008 law began applying to all businesses July 1.

By Seanna Cox -- The Associated Press

http://www.washingtonexaminer.com/breaking/sc-agency-identifies-35-illegal-immigrants-at-5-school-construction-sites-company-fined-101683003.html

Idaho: Immigration bill targeting employers nixed

In the News - Tuesday, March 9, 2010

Lawmakers voted down a bill Monday that would have required employers to screen workers using a federal background check system amid concerns it would add another burden to business owners.

The Senate State Affairs Committee defeated the measure on 7-2 vote. The bill was aimed at stemming the flow of illegal immigrants into the state, and would have put employers who accepted false identification at risk of losing their business licenses.

By SIMMI AUJLA -- Forbes.com

http://www.forbes.com/feeds/ap/2010/03/09/business-financial-impact-us-id-immigration-legislation_7417987.html

Senate OKs watered down illegal immigration bill

In the News - Friday, March 5, 2010

SALT LAKE CITY (AP) - Some businesses would have to confirm the immigration status of employees under a bill passed by the Utah Senate but would no longer face criminal penalties if they didn't.

An original version of the measure included the penalties but bill sponsor Sen. Chris Buttars removed it, saying businesses had complained.

http://www.localnews8.com/Global/story.asp?S=12091398

Laborers at Cobb Courthouse didn't show work permits

In the News - Thursday, February 11, 2010

Allegations that illegal immigrants were working on the $63 million courthouse project came to light last week when a bricklayers union organizer questioned the county.

Another bricklayers representative said he talked with employees at the courthouse in November and asked if papers were needed to get a job there. The employees said no papers were needed and that they were paid in cash, said Jose Alvarez, business marketing representative of the International Union of Bricklayers and Allied Craftworkers in Washington.

By Mary Lou Pickel -- The Atlanta Journal-Constitution

http://www.ajc.com/news/cobb/laborers-at-cobb-courthouse-295364.html

E-Verify ballot initiative moving along

In the News - Monday, February 8, 2010

A Novato-based group advocating the employment of documented American workers in Novato has collected more than half the required signatures to place an initiative on the Nov. 2 ballot to force employers working with the city to verify the citizenship of workers.

By Brent Ainsworth -- The Contra Costa Times (Walnut Creek, CA)

http://www.contracostatimes.com/news/ci_14336685

E-Verify ballot initiative moving along

In the News - Monday, February 8, 2010

A Novato-based group advocating the employment of documented American workers in Novato has collected more than half the required signatures to place an initiative on the Nov. 2 ballot to force employers working with the city to verify the citizenship of workers.

By Brent Ainsworth -- The Contra Costa Times (Walnut Creek, CA)

http://www.contracostatimes.com/news/ci_14336685

Excerpts from Friday's GOP gubernatorial debate

In the News - Friday, January 29, 2010

The candidates were asked whether they would force employers to use the E-verify system to ensure that only legal citizens are hired.

Medina: No. "We have a process in Texas.  . . .  We use the I-9 forms.  . . .  Also, the Texas driver’s license is an acceptable form of identification . . . yet in Texas we are issuing Texas driver’s licenses to illegal immigrants. Stop issuing Texas driver’s licenses toward illegal immigrants would go a long way."

Perry: No. "E-verify is a clearly federal program.  . . .  Speaking of the federal government, that’s where the problem lies with this issue.  . . .  E-verify would not make a hill of beans’ difference when it comes to what’s happening in America today."

Hutchison: Yes. "E-verify is the best system that we have that would allow an employer to do what they need to do. We have to give employers the tools to find out if someone is legal."

Ft. Worth Star-Telegram

http://www.star-telegram.com/texas/story/1933925.html

Canyon lawmakers sponsor illegal immigration crackdown

In the News - Wednesday, January 27, 2010

Senate Bill 1271 would make it illegal to produce false identification when applying for employment and also for employers to knowingly hire employees that produce false documents at the time of employment.

Senators Patti Anne Lodge (R-Huston), Curt McKenzie (R-Nampa), John McGee (R-Caldwell) and Melinda Smyser (R-Parma) are cosponsors of the legislation.

By Mike Butts -- Idaho Press-Tribune

http://www.idahopress.com/?id=29553

Frederick County aims to stop contractors from hiring illegal immigrants for labor

In the News - Thursday, December 3, 2009

Frederick County is taking steps to prevent contractors from hiring illegal immigrant workers.

On Dec. 15, Frederick County Commissioners will consider whether to adopt new purchasing regulations. Those regulations would include requiring major construction contractors to certify that they and their subcontractors are not knowingly employing illegal aliens.

In February, commissioners are also expected to review a proposal to require those contractors use the federal e-verify system, an Internet-based program designed to verify legal status of workers under federal contract.

By Meg Tully -- Frederick (Md.) News-Post Staff

http://www.fredericknewspost.com/sections/news/display.htm?StoryID=98522

Runestad: E-Verify bill will save jobs for citizens

In the News - Tuesday, December 1, 2009

Will unemployed Michiganians continue to compete with illegal immigrants for taxpayer-funded jobs? That question is before the Michigan House of Representatives this week in the form of House Bill 4355, which would require state and local governments, and their contractors, to verify whether new hires are eligible to work in the U.S. This should be a no-brainer for the House considering Michigan's unemployment rate.

http://www.lansingstatejournal.com/article/20091201/OPINION02/912010309/1087/OPINION02