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The Abington Citizens Network
where Abington, PA residents can share ideas and join forces to build a better community
 

 

E-Verify

    What IS E-verify?   It  is a program offered by the Federal Government . It was previously  not mandated but effective Jan 1, 2013  it is mandatory  for those seeking state contracts  and using public funds .  It provides an opportunity for employers  to verify that their employees are legally eligible to  work.   A request has been made multiple times for the  Abington Commissioners to adopt regualtions requiring the use of  E-verify  to establish  that their employees are legal.  E-Verify , according to our understanding is free and  takes only a matter of minutes for a reply.  All employers are required to secure completion of the I-9 form for every employee they hire . Employers are to verify the information  to a reasonable degree of substantiation. If e-verify were the required form of verification, there would be little doubt of the "methods used" to confirm this. 

 Feb 3, 2016    The Topic Came up at Public Affairs Meeting  - although the state has passed  a requirement  (effective Jan 2013) it is not comprehensive enough, seems to lack any meaningful penalties and puts enforcemnt costs on the backs of the taxpayers rather than the violators.   

 Feb 9, 2012 Commissioners meeting  -  The topic came up again for dicussion the Commissioners will look into it .

 
Feb 1, 2012 Public Affairs  meeting   The topic of the below ordinance proposal came up  for discussion .  See the proposed ordinance below .
 

   Here would be the Benefits of The E - Verify Program as of 2012, per an ordinance such as the one offered below this section . These benefits are as recommended by an Abington resident :

1)  E - Verifty is a  free  internet based system operated by the U.S. Department of Homeland
            Security in partnership with the Social Security Administration that allows participating
            employers to ( Electronically verify ) the employment authorization of their hired employee.
             No two people can have the same social security number, work permit numbers or visa
              number
 

2)  Filing time is short  ( a matter of minutes) and response time is usually less than 10 seconds .

3)  E - Verify  levels the playing field for employers placing bids for contracts since illegal aliens
          usually  work  for less, undermining the worker force pay-scale for all.

4)   Illegal workers often do not pay taxes back  into the system  ( tax evasion is a felony)

5)   E - Verify will help  legal, law abiding citizens & those using using legal work permits get work.

6)   E - Verify will cause  non-compliant  companies to move out of an area or close,
           aiding those who are doing business legally. 

 7)  E - Verify supports the federal laws of the United States
              ( 8 USC 1324a - Immigration Law, Port of Entry 1459 )

8)  E - Verify is believed to be 96.5% accurate,

 9)  Those that don't pass the E-Verify are given a chance to  prove  they are legally able to work.

 10)  E - verify helps find  fraud via the use of fake  ID's, identity theft, etc   which  aids in the
             reduction of other illegal activities in addition to the job related abuses.

11)   There is no downside of the E - Verify. One is either legally able to work in the US or not.     

                    _______________________________________________
     

  A PROPOSAL FOR AN ORDINANCE   Here is a proposal  for our Township that did not come from the Township but has been proposed to the Commissioners as of 11-1-11 . It was written & offered to encourage the Commissioners to pass useable legislation for our Township .

                                     ORDINANCE NO :________

    

     AN ORDINANCE OF THE TOWNSHIP OF ABINGTON REQUIRES ALL BUSINESS HIRING FOR EMPLOYMENT, HOUSING,  RENTAL OR THE PURCHASES OF PROPERTY TO USE THE E-VERFY PROGRAM.  

        The Board of Commissioners of the Township of Abington does hereby ENACT and ORDAIN as follows: 

  A.  In order to ensure that all persons, regardless of actual perceived race, color, religion, ancestry, national origin, familial status, marital status, age, mental or physical disability, use of guide or support animals and/ or mechanical aids are authorized to work in the United States of America. 

  B.  It is hereby declared to be public policy of the Township of Abington to receive from all Employers a copy of the I-9 Form form  of the E-Verify program. Regardless of the nature of business operated.

 C. It is hereby illegal to withhold any I-9 forms, or information from the E-Verify Program or the I-9 Form itself. To assure equal opportunities to all individuals and to safeguard their rights to public accommodation, and to secure housing accommodation and commercial property without regard to actual or perceived race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity, use of guide or support animals and or mechanical aids.

 D.  It is the intent of the Board of Commissioners of the Township of Abington that nothing in this chapter shall be construed as supporting or advocating any particular doctrine, position, point of view, lifestyle, or religious view. To the contrary, it is the intention of this chapter that all persons be treated fairly and equally, and it is the express intent of this chapter to guarantee fair and equal treatment under the law to all people of the Township.                                                                          

E.  This Ordinance shall be deemed as an exercise of Abington Township will only issue a business license to any business that complies with this Ordinance. Any Business that doesn't will not receive a business license. 

                    Section 2                     Short Title

  This Ordinance shall be known as the “ Abington Township American Safety Act”

                       Section 3              Definitions

    The following words and phrases, when appearing in this Ordinance, shall have  the meanings given to them under this section. 

 A. Township: The Township of Abington, Montgomery County, Pennsylvania, and refers to any staff, volunteers, committees, commissioners, or designees assigned by the Board of commissioners, or the Township Manager to conduct the activities and achieve the goals that are enumerated within this Ordinance.

 B.  BOARD OF COMMISSIONERS: The Board of Commissioners of the Township of Abington.

 C.               E-Verify Program: Any and all employers in Abington Township are required to use and provide the Township of Abington a copy of all said employees of said company. The E-Verify Program is required and a copy of each employee's I-9 Form of said companies will be provided to the Abington Township for electronic filing to obtain a business license in Abington Township.

 D. Any employer's failure to comply with said ordnance shall not be issued an license to operate in the Abington Township boundary.

 E.  Employer:  Any person who employs two or more employees, including the Township, its departments, boards and commissioners, and any other government agency with in the jurisdiction of the Township. Including those of any government agency whose laws may be deemed preemptive of this Ordinance.

 F. Ordinance; This Ordinance, which shall be referred to as the :

                                Abington Township American Safety Act

 G. Person: Any natural person, fraternal, civic or other membership, organization, corporation, general or limited liability company, or similar business organization, including the Township of Abington, its departments, board and commissioners, and any other for-profit and non-profit organization.

                                    Section 4           Unlawful Practices

 1.                 It shall be unlawful for any employer, housing, commercial, restate or Public Education location not to verify legal residency of said resident of Abington Township for Employment.

 2.  Retaliation against any legally lawful resident who reports non-compliance company to the authority who testified or assisted in any manner in any investigation under this Ordinance is prohibited under this Ordinance.

 3. It shall be unlawful for anyone in Aiding, abetting, inciting, compelling, summing or coercing of any illegal immigrant for employment, harboring, transporting, renting.

                                    Section 5           Exceptions

  1. There will be no exceptions to this ordinance.

          Section 6  - Complaint and Procedures for Filing Reports

 1.     Any person claiming to report a violation employer who is hiring or has hired suspected illegal immigrant for employment. Must fill-out a verified complaint form about alleged said violation company. This complaint form shall be turned into the Abington Police Department. Said investigation action must take place within 24 hours of filed complaint.

 2. The name, address, telephone number, mailing address and e-mail ( if applicable ) the complaint.

 3.     The Name, address, telephone number, mailing address ( if applicable ) of the company alleged to have committed the prohibited practice.

 4.     A concise statement of the facts, including dates, time, location, number of people, and acts involved in alleged hiring, renting, transporting of unlawful people.

 5.     If applicable the address and description of said company, vehicle, dwelling involved in the matter complained of. 

6.     Such other information as may be required to facilitate the processing, resolution or prosecution of the complaint.

 7.     Complaints may be filled in person or in writing to
              A – The Office of the Township Manager

              B. The Abington Township Police Departments

 8.     Complaints that are prepared without the proper form shall not be acceptable under this ordinance. One copy of the form shall be handed into the township, the second, the person making the complaint keeps.

 9.     The Township may provide for a process by which persons seeking to file a complaint may consult with a volunteer or other staff member who is trained to assist the prospective complainant in discerning the facts relevant to the prospective complaint. Such process shall also include referral of additional information to the prospective complainant concerning the content of this Ordinance, the Department of Immigration Customs and Enforcement / Homeland Security will be notified of said complaint or complaints.

                                    Section 7 – Notifications and Answers

 

1.     Within thirty ( 30 ) days of receipt of a complaint, the Township shall:

        A. Send a notice to the complainant, informing them that the complaint has been accepted and processed by the Township. If the complaint alleges of hiring, harboring or transporting illegal immigrants on a basis proscribed under federal or state law, the Notice shall also inform the complainant that a copy of each employee's I-9 form be in compliance with the E-Verify Program. Proof of each employee be accounted for, shall be provided to the township for employment verification of legal employment. Failure to do so will revoke the business license of said business in accord to this ordinance in Abington Township.

 2.     The Township shall notify the Immigration Customs and Enforcement Department / Homeland Security of the filing of any complaint that may be deemed to be within the jurisdiction of Abington Township. As required by this Ordinance. 

3.     The Township shall also include a notice to both the complainant and the respondent(s) of their option to elect to proceed to voluntary mediation in order to resolve the matters giving rise to the complaint.       

                                                        Section 8 -

                Private Right of Action and NON-limitation of Remedies

  A.  Any person aggrieved by a violation of this Ordinance shall have a right of action in the Court of Common Pleas of Montgomery County, or any court of competent jurisdiction, and recover such remedies for each violation as defined under Federal Immigration Customs and Enforcement.

 B. Nothing under this Ordinance shall be deemed to limit the right of an aggrieved person to recover under other applicable law or legal theory.

                                                           Section 9

                                                    Multiple Filings

  This Ordinance shall have no application to matters that are the subject of pending or prior filings made by an aggrieved person before any state or federal court or agency of competent jurisdiction.

                                                        Section 10

                                                         Penalties

   Any person who shall violate any provision of this Ordinance, or who resists or interferes with any authorized representative of the Township in the performance of their duties under this Ordinance shall, upon conviction thereof before a Magisterial District Judge, be guilty of a summary offense and sentenced to pay a fine of not less than $600.00 nor more than $1,000.00, plus costs, for each event giving rise to a violation under this Ordinance.

                                                     Section 11

                                                   Severability

        The terms, conditions and provisions of this Ordinance are hereby declared to be

severable, and should any portion or provision of this Ordinance be found by a court of competent jurisdiction to be invalid, unenforceable or unconstitutional, the Township Council hereby declares its intent that the Ordinance shall have been enacted without regard to the invalid, unenforceable, or unconstitutional portion, part or provision of this Ordinance.

                                                        Section 12

                                                         Repealer

 Any and all other Ordinances or parts of Ordinances in conflict with the terms, conditions and provisions of this Ordinance are hereby repealed to the extent of such irreconcilable conflict.

 

 

BELOW IS INFORMATION FROM THE OFFICE OF THE REPRESENTATIVE ON THIS ISSUE
_________________________________________________________________________________

State Representative Daryl Metcalfe
12th District, Pennsylvania House of Representatives
Contact: Ty McCauslin                                                                                       
tmccausl@pahousegop.com                                                                  
717.772.9979                                                 
 
FOR IMMEDIATE RELEASE: November 1, 2011
 
 House State Government Committee Advances Legislation to Criminalize Human Smuggling and Protect PA Jobs 
 
 
HARRISBURG —Pennsylvania House State Government Committee Majority Chairman Representative Daryl Metcalfe (R-Butler) commended the decisive majority of committee members who voted with him today in bipartisan fashion to advance two more essential reforms from the National Security Begins at Home package (House Bill 856 and Senate Bill 637) to the House floor for consideration.
 
House Bill 856 would establish a third-degree felony against any individual who knowingly engages in human smuggling.   Previously adopted in the state Senate, Senate Bill 637 would require that all contractors and subcontractors performing work on taxpayer-funded projects verify their employees’ eligibility to work in Pennsylvania through the federal government’s free E-verify system.
           
“Shutting down Pennsylvania’s illegal alien invasion involves shutting off the economic faucets of jobs and public benefits that are enticing illegal aliens to infiltrate our borders in the first place,” said Metcalfe. “Both of the commonsense reforms advanced to the House floor today and those in previous weeks are specifically focused on protecting the lives, liberty, property and jobs of Pennsylvania citizens against foreign invasion. Once these economic attractions are severed at the source, Pennsylvania’s estimated 140,000 illegal alien invaders will have no other option but to self-deport, as is occurring in several other states that have taken similar legislative action, including as Arizona, Georgia and Alabama.”
 
Additional National Security Begins at Home legislation approved by the House State Government Committee and currently awaiting consideration on the House floor includes:
 
         House Bill 439, scheduled for second consideration on the House floor Wednesday, would terminate the professional license of any employer who knowingly hires an illegal alien. 
 
         House Bill 865 would establish legal and economic sanctions against any illegal alien “sanctuary city.”
 
         House Bill 798 would require the Pennsylvania State Police to maintain criminal history records of previously detained illegal aliens.
 
The Federation for American Immigration Reform (FAIR) confirms that final passage of the National Security Begins at Home package could save Pennsylvania taxpayers $1.4 billion annually.
 
“Whether they invade Pennsylvania to smuggle drugs, steal jobs or to leech off the Commonwealth’s over-generous public welfare system, each and every illegal alien’s first step across our border is a criminal violation of our nation’s immigration laws,” said Metcalfe.  “Since the federal government remains AWOL in fulfilling its constitutional obligation to defend the states against foreign invasion, Pennsylvania state lawmakers have no choice but to stand together to advance the National Security Begins at Home package.”
 
Visit RepMetcalfe.com or Facebook.com/RepMetcalfe for the latest legislative updates.

________________________________________________________________________

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