PROVIDENCE – Gov. Donald L. Carcieri did not violate a previous court order by making state contractors begin using E-Verify before holding a public comment period, a judge has ruled.
R.I. Superior Court Judge Mark A. Pfeiffer – ruling on a recent motion by the American Civil Liberties Union of Rhode Island (READ MORE) – declined to hold Carcieiri in contempt of court.
In a ruling issued Sept. 15, the judge found it “more likely than not” that the R.I. Department of Administration had “illegally circumvented” the state Administrative Procedure Act (APA) when it imposed E-Verify without first developing rules, publicizing those rules and accepting public comment. Pfeiffer therefore ruled that the state could proceed with implementation of Carcieri’s executive order on immigration – originally issued in March (READ MORE) – but only after holding public hearings on the new rules and issuing guidelines for their enforcement, as required by state law. Meanwhile, they were ordered not to terminate any existing contracts with companies declining to use E-Verify.
The ACLU, on learning that the Department of Administration had implemented part of that executive order on an “emergency” basis – even though the public comment period will not begin until Dec. 3 – had filed a brief arguing that the governor was in contempt.
But in a ruling yesterday, Pfeiffer found that the state “in no way, shape or form” had violated his Sept. 15 order. The state has been taking appropriate steps to implement E-Verify, he added.
The ACLU said it will continue to seek a restraining order to block the order’s implementation, arguing that the state improperly used the emergency provisions of the APA. State officials evaded the public-notice requirement via an end run “that Bill Belichick would be proud of,” lawyer Randy Olen said in arguments on the civil liberties group’s behalf, according to the Associated Press.
Pfeiffer gave both sides a week to submit data about past decisions on similar emergency measures. But the judge also indicated he was “skeptical as to why the judiciary should second-guess” the administration.
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The American Civil Liberties Union of Rhode Island – the Rhode Island affiliate of the nationwide ACLU – is a nonprofit, nonpartisan organization that aims to defend the constitutional and civil rights of all Rhode Islanders through ligitation, legislation and education. Additional information, including the 12-page motion filed Friday by the state ACLU, is available at www.riaclu.org.
News and information from the R.I. Governor’s Office are available at www.governor.ri.gov. Information about the R.I. Superior Court, including recent court orders and decisions, is available from the R.I. Administrative Office of State Courts at www.www.courts.state.ri.us.
