Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On Wednesday, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Civil Rights Division (CRT) announced that the two agencies have collaborated on a series of initiatives to “strengthen the efficiency and accuracy of the E-Verify system.” The first component of this effort is a Memorandum of Agreement (MOA) (pdf) that establishes the relationship and process for case referrals between the two agencies with respect to allegations of discrimination arising out of employer use of E-Verify, and information regarding the misuse, abuse, or fraudulent use of E-Verify. The MOA details the agencies’ respective responsibilities, authority, and points of contact, and outlines how future exchange and disclosure of information should occur. According to a fact sheet, on the MOA, the CRT’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) will receive referrals of potential discrimination that come to USCIS; in turn, USCIS will receive from OSC referrals of potential employer misuse of E-Verify that does not fall within DOJ’s enforcement arena. Moreover, according to the fact sheet, the MOA provides USCIS with a more efficient process to assist the DOJ in pending E-Verify-related investigations.
In addition to the MOA, the agencies have created two training videos that explain E-Verify procedures, policies, employee rights and employer responsibilities in English and Spanish. These videos
“are designed to help employers understand their responsibilities under E-Verify and to inform employees of their rights when working for employers enrolled in E-Verify.”
Finally, the agencies have established an E-Verify employee hotline for employee inquiries, issues and complaints.