A voter initiative to force the city of Novato and its major contractors and subcontractors to check the legal status of their workers is preempted by federal law and therefore unlawful, according to Novato's chief legal counsel.
City Attorney Jeffrey Walter said the E-Verify system, an online verification process for U.S. citizenship, is already covered by the Immigration Reform Control Act of 1986, which preempts any state or local law imposing civil or criminal sanctions upon those who employ or recruit illegal residents.
The Novato City Council on Tuesday is to discuss the matter that could have national implications. The issue comes two months after Arizona enacted the country's toughest illegal immigration law aimed to prosecute and deport undocumented aliens, sparking boycotts by some companies and protests by human rights groups.
According to a staff report, the City Council has the option to adopt the ordinance as written by the citizen's group, place it before voters at the next general election - or do nothing at all.
"We felt some urgency before, so it's nice that we have three options now," Mayor Jeanne MacLeamy said. "If Jeff's