PROVIDENCE — A Superior Court judge said he will decide by next week whether to temporarily restrain the state from requiring vendors and their subcontractors to screen new hires through a federal E-Verify system, which determines whether those hires are legally authorized to work in the United States.

The directive, part of Governor Carcieri’s March 27 executive order cracking down on illegal immigration, requires some 4,000 vendors to file compliance certification forms for the program by tomorrow— the end of the 45-day period in which they had to do so.

The Rhode Island Affiliate of the American Civil Liberties Union filed a complaint seeking the temporary restraining order on grounds that Carcieri’s directive falls outside of his executive purview; that he and the state Department of Human Services ignored state rules requiring public review and input on that proposal; and that the E-Verify system — run by the U.S. Department of Homeland Security — is a pilot program “riddled with significant flaws,” that is “strictly voluntary at the federal level.”

Attorney Randy Olen, representing the ACLU, said he was seeking the restraining order until a full hearing can be held. Judge Mark A. Pfeiffer said he will rule on the TRO request “as quickly as I can,” if not by tomorrow, then certainly by next week.

A full hearing on the matter is expected before Thanksgiving, said Steven Brown, director of the local ACLU affiliate.

The ACLU filed the complaint on behalf of itself, the Rhode Island Coalition Against Domestic Violence and two Rhode Island College professors, Ann Marie Mumm and Daniel Weisman. It names Carcieri and state Department of Administration Director Jerome Williams, as defendants.

With tomorrow’s deadline looming, Olen argued that the E-Verify requirement will jeopardize the contracts of some 3,000 vendors and subcontractors — out of 4,000 who have received notices to comply — who have not yet filed the required paperwork.

“I think the irreparable harm will take effect on Friday when the people and individuals who don’t file certification forms as of Friday, will lose their right to do business with the state,” he said. He said any current contracts those vendors and subcontractors hold might also be affected.

Olen argued that the DHS violated the state Administrative Procedures Act by providing no review period or public commentary before requiring vendors to register and participate in E-Verify, and will cause irreparable harm by jeopardizing vendors’ eligibility to do business with the state.

State lawyer Michael Mitchell, representing DHS Director Williams, said the purpose of Carcieri’s order “is to ensure compliance with federal and state law. That is what the people of the state want.” Mitchell argued that if a vendor or individual “feels that there is somehow a breach of contract, or they are denied a contract” for not complying with the form, “there is a remedy in the courts.”

In response to Judge Pfeiffer’s questions, Mitchell said letters were sent out to about 4,000 vendors in late July, and that “about a thousand” have responded.

“Apparently, the fact that a thousand out of four thousand have complied based on the threats of non-compliance, shows a pretty significant opposition to take part in this program,” Olen said after yesterday’s court proceeding.

kziner@projo.com