E-Verify & I-9 News

The Department of Homeland Security (DHS) has announced its intent to publicly display information on businesses using E-Verify on searchable areas of its web site.  According to the DHS, the release of this information is allowed under the terms noted in the Memorandum of Understanding (MOU), which must be executed by all employers enrolling in the E-Verify program. A careful reading of the MOU reveals that an employer must agree that E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). Presumably, the disclosure of this information on the DHS web site falls under the very wide scope of “DHS policy.”   

In particular, DHS may post an employer’s registered business name, contact address, workforce size, employee verification option (all new hires or entire workforce), and overall E-Verify volume (number of queries). Now more than ever, employers registering as federal contractors should be vigilant in following all of the E-Verify rules, especially since their hiring activity and other information may now be subject to increased public scrutiny.

This E-Verify announcement is currently available on the E-Verify home page as well as the alert section of employers’ E-Verify dashboard.

In a press release issued yesterday, ICE reported that Koch Foods of Cincinnati LLC paid a $536,046 fine as a result of a worksite enforcement investigation conducted by ICE in 2007. The investigation led to a raid of Koch’s Fairfield, Ohio, processing facility and the arrest of 161 undocumented workers in August 2007. ICE also executed a search warrant at Koch’s corporate offices in Chicago seizing relevant documents.

It’s important to note that the half a million dollar fine relates specifically to Form I-9 violations, which is consistent with ICE’s new approach to worksite enforcement. ICE issued the Notice of Intent to Fine on February 8, and the fine was paid on February 9 in Cleveland. Since the investigation, Koch Foods has apparently implemented new hiring procedures and an immigration compliance program to prevent future violations. The company is now also using E-Verify.

In announcing this fine, ICE reminded employers that they have implemented a new, comprehensive strategy to reduce the demand for unauthorized employment by focusing their resources on auditing and investigating employers who are suspected of cultivating and hiring undocumented workers. In addition, ICE has also been increasing the number of random Form I-9 audits on all employers, regardless of size or industry. For more information on these initiatives, please browse our blog posts on ICE enforcement.