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.
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
9, 2012 Commissioners meeting
- The topic came up again for dicussion the
Commissioners will look into it .
1, 2012 Public Affairs meeting
The topic of the below ordinance
proposal came up for discussion .
See the proposed ordinance below .
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
partnership with the Social Security Administration that
( Electronically verify ) the employment authorization of
their hired employee.
people can have the same social security number, work permit
numbers or visa
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
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
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
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
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
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 :________
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:
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.
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
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
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
2 Short Title
This Ordinance shall be
known as the “ Abington Township American Safety Act”
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.
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
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
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
shall be unlawful for anyone in Aiding, abetting, inciting,
compelling, summing or coercing of any illegal immigrant for
employment, harboring, transporting, renting.
will be no exceptions to this ordinance.
Section 6 - Complaint and Procedures for Filing Reports
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.
name, address, telephone number, mailing address and e-mail ( if
applicable ) the complaint.
The Name, address,
telephone number, mailing address ( if applicable ) of the
company alleged to have committed the prohibited practice.
A concise statement
of the facts, including dates, time, location, number of people,
and acts involved in alleged hiring, renting, transporting of
If applicable the
address and description of said company, vehicle, dwelling
involved in the matter complained of.
information as may be required to facilitate the processing,
resolution or prosecution of the complaint.
Complaints may be
filled in person or in writing to
A – The Office of the Township Manager
B. The Abington Township Police Departments
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.
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
Section 7 – Notifications
Within thirty ( 30
) days of receipt of a complaint, the Township shall:
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.
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.
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
Private Right of Action and NON-limitation of
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.
Nothing under this Ordinance shall be deemed to limit the right
of an aggrieved person to recover under other applicable law or
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
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
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.
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
Pennsylvania House of Representatives
Contact: Ty McCauslin
FOR IMMEDIATE RELEASE: November 1, 2011
House State Government Committee Advances
Legislation to Criminalize Human Smuggling and
Protect PA Jobs
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
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
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.”
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