UPDATE: Bill Ends E-Verify in Murrieta, Other CA Cities

*Story updated at 12:25 p.m. Oct. 12 to include response from city of Murrieta.

To accelerate job growth, Gov. Jerry Brown has signed into law a bill that prevents local government from forcing employers to use the often-criticized E-Verify system to check immigration status on employees.

Murrieta, along with neighboring Temecula, Lake Elsinore, Wildomar and Menifee all passed ordinances within the last two years requiring E-Verify’s use.

Drafted by Assemblyman Paul Fong (D-Cupertino) and signed into law this weekend, the Employment Acceleration Act of 2011, or AB 1236, prohibits the state, or a city, county, or special district from forcing an employer to use the electronic employment verification system – known as E-Verify -- except when required by federal law or as a condition of receiving federal funds.

The E-Verify Program of the U.S. Department of Homeland Security, in partnership with the United States Social Security Administration, enables participating employers to use the program to verify that employees they hire are authorized to work in the United States.

after an ordinance was

Under Section 5.04.390 of Murrieta’s code, new and renewing businesses are required to sign a form stating they will use E-Verify. They are then required to keep records of its use or eventually face fines.

However, the Employment Acceleration Act of 2011 states that cities cannot mandate E-Verify’s use even as a condition of receiving a government contract or as a condition of applying for or maintaining a business license.

Assemblyman Fong spokesman Bryan Singh said the new law forces some local municipalities to repeal their ordinances. With the exception of instances covered by federal law, Lake Elsinore and Wildomar are among the municipalities that may need to revamp their E-Verify ordinances, according to Singh.

*"The city of Murrieta expects to comply with the wishes of the state legislature and the Governor on this highly contentious issue, and offer our full support or help in any way," said Brian Ambrose, senior management analyst for the city of Murrieta.

"The city implemented an E-Verify process at the request of concerned residents and business members, who expressed their opinion that the City Council should do something to ensure jobs go to eligible citizens," Ambrose continued.

"From the outset, the City Council was outspoken that immigration was a federal issue. Since the federal government seemingly has abdicated their role in this issue, the City Council was simply attempting to do their part to protect the economy in one of the worst hit regions since the recession began," Ambrose said.

"Our ordinance attempted to make sure jobs were available to Murrieta residents. But as we had anticipated, our businesses were in full compliance, with not a single complaint lodged against a Murrieta business," Ambrose said. 

The text of AB 1236 cites various reasons why E-Verify should not be mandated, including that the system doesn’t meet requirements for accurate verification; that it slows down the hiring process; and that it increases the costs of doing business in a difficult economic climate.

The Act also argues that, with California’s high unemployment, the state should be “facilitating and incubating” job development and economic growth.    

Under the new Act, completion of the I-9 Employment Eligibility Verification form is still required under federal law.