Recent U.S. Government Initiatives Relating to E-Verify and Immigration and Customs Enforcement Audits

To encourage employers to use E-Verify, the Department of Homeland Security announced on November 19, 2009 that it is launching I-E-Verify. An employer is permitted to carry this designation based upon its submission to a voluntary I-9 audit by the Department of Homeland Security and a commitment to follow the best practices under IMAGE, the Immigration and Customs Enforcement (ICE) Mutual Agreement Between Government and Employers. Employers seeking to participate in I-E-Verify must agree to: 

• Complete a self-assessment questionnaire;
• Enroll in E-Verify;
• Enroll in the Social Security Number Verification Service;
• Adhere to IMAGE Best Employment Practices; and
• Review and sign an official IMAGE partnership agreement with ICE.

Enrolling in I-E-Verify requires a thoughtful analysis of hiring practices before committing. As a result, we would advise clients to contact us before enrollment.

By way of background on E-Verify generally, this internet-based application operated jointly by the U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA) became operational on January 1, 2008. E-Verify was intended to provide employers with an easy way to verify both employment eligibility of newly hired employees and the legality of each employee's social security number. In September, 2009, E-Verify became mandatory for all federal contractors with contracts over $3,000 and has become mandatory in certain states as well: to date, Arizona, Mississippi and South Carolina.

On a more sober note, ICE, the enforcement arm of the Department of Homeland Security, announced on November 19, 2009 that it will be contacting 1,000 employers nationwide involved in “critical infrastructure” to notify them that they are to be audited. These companies have been selected either because ICE has reason to believe there may be violations or the companies’ industry sector involves public safety, key resources or national security. An audit will involve a comprehensive review of Form I-9s. The Form I-9 requires employers to review identification and work eligibility documents of each new hire and determine whether the documents reasonably appear to be genuine and relate to the individual proffering them - no small task. Since implementation last April of ICE’s worksite enforcement strategy targeting I-9 audits, notices of intent to fine have been sent totaling almost $16 million.