E-Verify Site Visits Expected Soon

Posted by Dawn Lurie on March 18, 2011

Get ready for a new guest at the dinnertable. Although not formally announced (and not confirmed by the DHS) we understand the Monitoring and Compliance (M&C) branch of E-Verify plans to expand its "outreach" activities.

During the past year M&C sent letters to employers in instances where E-Verify believed there were misuses relating to the system or where they just wanted to help" employers improve compliance. For example, companies that had habitual E-Verify queries completed outside of the 3-day window may have received a friendly note from USCIS. Clearly, M&C wants to be invited to this dinner party. Now the question is, should there be a seat at the table for them? M&C is charged with monitoring non-compliant behaviors including:

  1. Fraudulent use of alien number and social security number by E-Verify users;
  2. Verification of existing employees (as opposed to new hires);
  3. Verification of job applicants, rather than new employees;
  4. Selectively using E-Verify for verifications based on foreign appearance, race/ethnicity, or citizenship status;
  5. Failure to use E-Verify, consistently or at all, once registered; and
  6. Unauthorized use of E-Verify information.

The point is site-visits may assist M&C in determining whether businesses are compliant. So, work with me here, M&C shows up at your door to conduct a site visit, and let's just pretend you are a very-very-very bad company (like one of those egregious employers we hear ICE talk about). What happens? Who punishes you? Are you sent upstairs without dessert? Are you told not to come back to the table until you can behave?

Seriously, is your E-Verify MOU revoked thereby exposing you to other misfortunes? Federal contractors that cannot participate in E-Verify cannot work under certain federal contracts without a waiver. Loss of E-Verify will also be problematic for companies in certain states. This is truly serious business. But that's not all I worry about. As a result of the site visit, could M&C invite other unwanted guests to your party, such as ICE and the Office of Special Counsel?

At this time we are unsure whether advance notice will be provided to companies prior to a site visit and whether counsel may be present during the meeting. Anything's possible, don't be late, dinner is served promptly at 7pm. Call me for your compliance planning including E-Verify review and how to handle an M&C visit, as well as any other type of fraud detection visit from DHS.

ICE's Latest Wave of I-9 Audits

Posted by Dawn Lurie on March 08, 2011

On February 17, ICE issued 1,000 Notices of Inspection (NOI) across the country in a firm demonstration of the Obama administration’s ongoing commitment to a worksite enforcement strategy that focuses on employer compliance and much higher administrative fines. We were contacted by employers across the country to help prepare their responses. We were even contacted by an employer who handed their I-9s to the Agents who came to serve the NOI -- no 3 days, no advice by counsel, no waiver explained, no copies, no time, no receipt. What were you thinking, Mr. ICE agent? Not to worry, we worked it out with like adults. 

Seriously those fortunate companies who did not receive a NOI should take advantage of their good fortune and ensure that they are in compliance now. The coast is not clear. One or two additional rounds of audits are expected during this calendar year. This administration has continued to make it clear that the days when immigration compliance could be ignored and considered the “cost of doing business” are long gone. 

ICE is assertively pursuing companies where tips and leads come in,  These administrative reviews have been quite lucrative. It will be very interesting to track this latest round of audits in terms of timing and outcome.

Feel free to write in and share your own experiences.