Back in March, Rhode Island Governor Donald L. Carcieri authored an executive order requiring Executive Branch hires and all contractors, subcontractors and vendors doing business with it to use the federal government's E-Verify system to ensure that companies were not hiring illegal immigrants, that Social Security numbers were valid, and that hiring was in compliance with federal and state law.
The order was challenged in court by the ACLU and a restraining order was sought to stop enforcement.
Yesterday, however, Gov. Carcieri announced that Superior Court Judge Pfeiffer's ruling had denied the restraining order. "We are pleased with the judge's decision to deny the temporary restraining order, which allows the administration to move forward in requiring vendors to use E-Verify," said Carcieri. "More importantly, the decision clearly recognizes that my executive order was within my authority and allowed by the state's constitution."
In the decision Judge Pfeiffer states, "The executive order does not violate the separation of powers doctrine," and "does not encroach upon the power of the General Assembly to enact laws regarding state contracts." Further, the decision recognizes that "the executive order is not outside of the authority of the governor to issue," and that, "the chief executive power of this state is vested in the governor."
The decision went on to state, "Nothing under the procurement statute or elsewhere in the general laws impedes the chief purchasing officer, at the governor's directive, from designing a procurement system that insures that vendors doing business with the state directly verify the employment of individuals who are legally entitled to work within Rhode Island."
A release from the Governor's Office said the Department of Administration will immediately move forward to promulgate a purchasing regulation that expressly requires vendors who are doing business with the State of Rhode Island to use E-Verify.
