Illegal Immigrant Screen Will Likely be Removed from City Contracts

Mission Viejo will no longer require its contractors to screen employees based on their immigration status if the city adopts an expected repeal of its policy.

But removing the federal E-Verify screen requirement may not change the way business is actually done, says City Attorney William Curley.

"Most of those (city contractors) have probably put it into practice as a part of their routine business, so it will continue," Curley said.

E-Verify is a federal online system that allows employers to enter prospective employees' social security numbers. The system checks those numbers and returns results--either resident confirmation or "tentative nonconfirmation."

Critics have argued that employers have an incentive not to hire someone with a tentative nonconfirmation result even if the person is a legal resident. Proponents say the system gives employers a convenient way to quickly verify the citizenship status of most potential employees.

A repeal of the city requirement would bring city contracts into compliance with state law as of Jan. 1.

asked if the city could give special preference to contractors using E-Verify. Curley said no, the city cannot add "extra points" to a contractor's bid for using the system. He said doing so would be considered a "calculated avoidance of the law."

Former councilman John Paul Ledesma proposed the city's E-Verify requirement in 2007. He said he's disappointed the requirement will likely be repealed.

"To have the governor do this is utterly repulsive," he said. "I think it’s ridiculous the state is so insidious that they can’t require their vendors to use the e-verify program. I think it just gives a competitive advantage to people who are doing things incorrectly. Employers, if they want to hire immigrants, they should have to sponsor them and help them get through the system, as opposed to subverting the system."

No one spoke in favor of the repeal when it was first brought up during an Oct. 17 meeting.