August 30, 2018

Media request sent to USCIS Re; E-Verify users in Georgia

Posted by D.A. King at 12:08 pm - Email the author   Print This Post Print This Post  

 

The below was sent today.

Ms. Wilson, thank you for your time on the phone this morning. As discussed, here are some questions for an upcoming column/news report on the statewide news outlet, Insider Advantage Georgia.

A recent Bloomberg news report contains well-researched information that seems to indicate some Georgia employers with E-Verify MOUs are not using the system to verify work eligibility of some or all newly hired employees. This would be a violation of the terms of the E-Verify MOU which states: “The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU.”

Bloomberg: “Georgia, for instance, has 101,667 enrolled businesses, the most in the country. It also has the lowest percentage—23 percent—of enrollees that e-verified a hire in the past year”.

With the employment market booming, it is logical to assume that far more than 23% of E-Verify users in Georgia have hired new employees in the last year and that many E-Verify users in Georgia are in violation of their MOU. As you know, use of E-Verify is mandated by state law for public employers and contractors/vendors and for most private employers.

Questions

1) Does USCIS/DHS have in place any audit, or monitoring system to insure that E-Verify users are in compliance with the MOU which clearly states “the Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU”, please?

2) Does USCIS/DHS have a system by which non-compliance with the MOU is sanctioned with revocation of the MOU for employers? From the E-Verify MOU: “Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements.”

3) Has USCIS/DHS terminated any MOUs for non-complaince in the last year in Georgia? Any other state?

4) Does USCIS/DHS have in place a system by which public complaints of non-compliance in E-Verify MOUs are taken?

5) Please alert me to the database or resource that indicates the number of E-verify users who verified a new hire in the past?

I may have follow up questions. Thanks again for your interest.

Have a nice weekend!

D.A. King