U.S. Customs and Immigration Services Will Launch Redesigned E-Verify Website on June 13, 2010

By Jonathan Judge and Christopher S. Andre

As we previously reported here,  the Los Angeles Times has reported  here that the Immigration and Customs Enforcement ("ICE") agency, the largest investigative agency in the Department of Homeland Security ("DHS") is conducting a crackdown on employers that knowingly hire or retain undocumented workers. Alleged violators are being prosecuted in Federal court by the United States Attorney.

Employers seeking to reduce the likelihood of unknowingly hiring undocumented workers can also enroll in the DHS' E-Verify program, "an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States." The DHS notes that the E-Verify is for most employers "voluntary and limited to determining the employment eligibility of new hires only. There is no charge to employers to use E-Verify."

The U.S. Citizenship and Immigration Services ("USCIS") will launch a redesigned E-Verify website, June 13, 2010, which the USCIS states will enhance E-Verify's "usability, security, accuracy and efficiency."  E-Verify is an internet-based system that compares information contained on an applicant's or employee's Form I-9, Employment Eligibility Verification form to data kept by the DHS and Social Security Administration records to confirm eligibility for employment.

The newly redesigned E-Verify website will feature "a clean and modern design, easy and intuitive navigation, and clear and simple language."  The USCIS states also that the redesigned site will include a new home page, a new case alerts feature, improved case management, a streamlined tutorial, and other improvements.  

According to the USCIS, current users of E-Verify can use their existing user IDs and passwords, and existing user data will remain available.  However, existing users will be required to complete an approximately 20-minute  tutorial to learn about the changes to the site.  

To prepare for the new site, the USCIS recommends E-Verify participants:

• Watch two "How to" videos, which demonstrate how to create a case, and how to respond to a tentative nonconfirmation.
• Download the new user manuals and quick reference guides to become familiar with how to use E-Verify.  USCIS states updated publications will be available in early June, but, at the time of this post, updated publications were not yet available.
• Attend the USCIS's preview webinars.

 For more information, click here.

Federal Crackdown Targets Employers That Employ Undocumented Workers

By Christopher S. Andre

The Los Angeles Times reports here that the Immigration and Customs Enforcement ("ICE") agency, the largest investigative agency in the Department of Homeland Security ("DHS") is conducting a crackdown on employers that knowingly hire or retain undocumented workers. Alleged violators are being prosecuted in Federal court by the United States Attorney.

A press release issued by the Office of the United States Attorney for the Southern District of California announced an indictment against a San Diego French gourmet restaurant and bakery, its owner, and manager. The indictment alleges a variety of misdemeanor and felony charges against the restaurant, its owner, and a manager. In addition to the criminal charges, which carry maximum term of five years in prison per count and a fine of $250,000 per count, the government is also seeking to seize the restaurant and the property on which it is located.

Based on the press release, one of the bases for the charges is the restaurant, its owner, and a manager allegedly continued to employ some allegedly undocumented workers after receiving "no-match" letters from the Social Security Administration ("SSA") and paid those employees in cash after receiving those "no-match" letters.

The Los Angeles Times notes that the Obama administration's new "strategy contrast sharply with that of the Bush administration," which focused on arresting and deporting illegal workers and prosecuted few employers. The Times reports that "Obama called those raids ineffective and criticized them for dividing families and not holding employers accountable for creating a magnet for illegal crossers."

In light of the above, employers should take seriously "no-match" letters they might receive from SSA. An employer that receives a "no-match" letter and continues to employ the subject employee without taking further appropriate action appears to be at risk of being charged by the government with knowingly employing an undocumented employee.

Employers seeking to reduce the likelihood of unknowingly hiring undocumented workers can also enroll in the DHS' E-Verify program, "an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States." The DHS notes that the E-Verify is for most employers "voluntary and limited to determining the employment eligibility of new hires only. There is no charge to employers to use E-Verify."

Click here to read the Los Angeles Times article.