The United States Citizenship and Immigration Services (USCIS) has released a Fact Sheet which explains the new E-Verify civil rights initiatives announced this week and provides guidance on how information will be shared with the Department of Justice. As previously reported, the E-Verify program is often criticized on the basis that it may promote unintentional discrimination (particularly against foreign-born workers) who are more likely to receive a TNC. In response, the USCIS has announced a trio of initiatives (employee hotline, training, and government information sharing) to educate workers and employers on E-Verify and address any actual discrimination which occurs.

What does this mean to employers?

As an employer, it’s important to understand how your E-Verify data may be shared with other government agencies and what the potential risks are. Under this new sharing agreement, the USCIS can refer matters to the DOJ when they feel an employer is engaging  in discrimination on the basis of national origin or citizenship status OR there is evidence of misuse, abuse or fraudulent use of E-Verify. The referral from USCIS will include relevant E-Verify data as well as other information obtained through an audit or the E-Verify hotline. The DOJ will then use this information to identify potential patterns or practices of discrimination OR in investigating individual claims. If discrimination is found, the DOJ may bring enforcement actions against the employer within 210 days of the filing of a charge or, for independent investigations, within 180 days of the last discriminatory act. In turn, the DOJ will share any discriminatory information it uncovers with the USCIS so it may act accordingly.

Bottom line: it’s very important to closely monitor your E-Verify activities and ensure that all proper procedures are being followed.

In addition, the USCIS has provided more information on its employee hotline including the types of question that can be addressed. When calling the number, the employee will be able to choose from 4 options, including (1) General E-Verify information; (2) Completing the Form I-9; (3) Contesting an E-Verify case; and (4) Filing a complaint regarding possible discrimination or employer misuse of the E-Verify program. The hotline will also provide information on reporting an identity theft, although it will not be able to tell you whether an identity has actually been stolen.

The employee hotline (888-897-7781) will be active on April 5, 2010. Hours of operation are:

8 a.m. – 5 p.m. local (continental United States, Puerto Rico and U.S. Virgin Islands)
8 a.m. – 4 p.m. (Alaska)
8 a.m. – 2 p.m. (Hawaii