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Follow Up: Legal Challenge to E-Verify May Take Months

By: April Hansen
Updated: May 11, 2012

(Springfield, MO) -- Four local businesses filing suit over E-Verify have declined to comment on camera.

Previous Report: Federal Judge Blocks City of Springfield's E-Verify Ordinance

A statement was released that gives more insight about why they are filing the law suit against the city.

Stephanie Stenger-Montgomery from Stenger Management, LLC, one of the business filing the lawsuit says, "The Plaintiffs are all absolutely opposed to illegal workers taking job opportunities from American Citizens. But this ordinance punishes Springfield businesses with more government regulations, unconstitutionally hurting everyone in Springfield. The ordinance is too broad, all-encompassing and could affect every citizen of Springfield who pays any person for a service, whether they are operating a "formal" business or not.  We also strongly object to the fairness of the Ordinance as it presumes guilt, unjustly putting the burden of proof of innocence upon the accused citizen."

The City of Springfield has agreed to a preliminary injunction in the lawsuit. It puts a hold on any enforcement of the ordinance, which was suppose to be put into effect on June 4, 2012.

Springfield City Attorney Dan Wichmer says it's bound to happen with such a controversial ordinance.

"We were not surprised we got sued. I think what happened was the June 4th deadline was coming up and people said we're going to join it or comply with it"

Voters passed the petition in February with a difference of about 221 votes. The E-Verify law requires companies to employ only individuals who may legally work in the United States.

It will impact every new Springfield hire because every new hire will have to go through the E-Verify process.

The city did expect opposition to the ordinance because of legal provisions related to fines that a business would have if they didn't comply with the ordinance.

The Ozarks Minutemen put the petition together.

Wichmer will be defending the ordinance for the city, but does acknowledge that parts of the ordinance are illegal.

"We would like an ordinance that's enforceable. We would like a process that makes sense and whether that comes from an amendment of the law or if the court struck it down and starts again, so be it, but right now you have a law that has issues," said Wichmer. He says it may take months for a resolution.

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