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Bill to require proof of legal work status still has chance

01:07 PM EDT on Friday, June 13, 2008

BY KAREN LEE ZINERJournal Staff Writer

PROVIDENCE — Legislation that would require most private employers to use a federal electronic employment-verification program may get a last-minute chance to resolve potential constitutional issues. But the clock is running out, with the General Assembly session expected to end next week.

Sen. Marc A. Cote, D-Woonsocket, chief sponsor of the E-Verify bill, asked the Senate Labor Committee on Wednesday for more time to iron out potential constitutional issues raised at that day’s hearing.

The committee voted to allow further study. But even if the issues are resolved, Cote said, he still needs the Senate leadership’s approval to go forward, and as yet, “I have no commitment.”

The E-Verify pilot program allows screening to ensure that workers are legally eligible to work in this country. The bill calls for fines against any employer who fails to register or does not participate, but Cote said the question involves “whether the employer would have access to due process.”

“As each hour passes, it gets less and less likely” that the bill could be amended in time for consideration, Cote said, but he added, “I do not quit. I’m going to keep working on this.”

Cote said the unresolved questions relate to due process.

“If an employer fails to register, or does not participate, there are financial penalties. There is a question as to whether the employer would have access to due process, to be able to contest” the penalties, he said.

“I wish the question had been raised earlier, but by same token I don’t want to pursue a bill that could be subject to challenge and doesn’t accomplish what its intent is, and doesn’t get to do the job,” Cote said. “I want to make sure we do it right. There’s no sense in having a bill if you can’t use it.”

Cote added, “The opposition is obviously committed to resisting this, and we have to make sure we get to the point where we have a bill that can be voted purely on its position on the issue, and not on potentially legitimate legal grounds.”

By an executive order that Governor Carcieri issued in March, state agencies and vendors began using the E-Verify system last month.

Another immigration-related bill, related to interpreter services at the Department of Human Services, was also held for further study Wednesday by the Senate committee on health and human services. That bill would require that people who are not proficient in English be afforded the right to interpreter services in various languages.

A host of other immigration-related bills stalled out earlier in the session. While that may signal a second year of failed attempts to legislate immigration reform on the state level, Carcieri’s sweeping executive order on illegal immigration essentially affects many of those proposed measures.

kziner@projo.com

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