The California city of Lancaster will soon require businesses to use the federal government’s e-verify program. The e-verify program is a voluntary federal program that is meant to allow companies an easier means to identify newly hired workers who are eligible to work. The city is threatening the revocation of business licenses for businesses that do not participate.
The city could face serious consequences for its efforts. First, the constitutionality of a city government forcing participation in an optional federal program remains open for the courts to decide. I hope the city is prepared to bear the litigation costs of defending itself. Second, the city’s mayor is quoted as stating, “We are working to ensure that all available jobs in our city go to hard-working, law-abiding citizens.” Such a quote, if accurate, makes one wonder if the mayor is aware that there are many foreign nationals who are eligible to work in the United States and that a company’s refusal to hire eligible workers may result in litigation against a company for discrimination.