City Council Asked to Repeal E-Verify

Murrieta City Council will be asked to repeal an ordinance that requires businesses to verify the legal work status of employees through an online system.

Under Assembly Bill 1236, E-Verify--which is offered to employers voluntarily through the Department of Homeland Security-- as a condition of obtaining a business license. The bill was signed by Gov. Jerry Brown Oct. 9, and

To avert any legal troubles for the city, its attorneys and staff are suggesting City Council vote to repeal its E-Verify ordinance, then replace it with a policy that still encourages it, according to a staff report.

"The city could challenge state law on constitutional grounds, however it appears that a legal challenge to the constitutionality of AB 1236 is unlikely to be decided in the city's favor," wrote Brian Ambrose, Murrieta senior management analyst.

"If the city were to leave the ordinance in effect, even if no enforcement mechanism remained in place, there is the possibility the city could be open to a legal challenge."

The city began using E-Verify for its own employment records in 2009, and staff recommends it continues to do so voluntarily.

By March, the and Murrieta businesses out of compliance could have faced potential fines.

No such issues arose, however, according to staff.

"During the time frame that the E-Verify ordinance has been implemented, there have been no problems or compliance issues," Ambrose wrote.

"City staff has received no calls for investigation, and the Code Enforcement Division has taken no enforcement steps against a business within the city."

Business licenses will again be revised, this time to take the requirement out, should City Council vote in favor of repealing. The municipal code would also be reversed.

City Council will make the decision at its Tuesday meeting, set for 6 p.m. at