BinocularsE-Verify is a voluntary system that allows employers to verify the employment authorization of newly hired employees.  Enrolling in E-Verify does not replace the I-9 form, but rather adds additional responsibilities for employers enrolled in the program.   As outlined in the E-Verify Memorandum of Understanding, employers are liable for inappropriate use of the system. 

In order to ensure that the E-Verify operational requirements mandated by Congress are being met, the Monitoring and Compliance (M&C) Branch of the Verification Division has been created.   The proposed rule increases the Department of Homeland Security’s ability to monitor private employers through the E-Verify system and share information necessary for investigations.  As stated in the notice, the M&C Branch may identify potential non-compliant behaviors from media reports, affected individuals, or tips from law enforcement agencies.  

Some of the non-compliant behaviors to be monitored include:

1. Fraudulent use of alien number and social security number by E-Verify users;
2. Verification of existing employees (as opposed to new hires);
3. Verification of job applicants, rather than new employees;
4. Selectively using E-Verify for verifications based on foreign appearance, race/ethnicity, or citizenship status;
5. Failure to use E-Verify, consistently or at all, once registered; and
6. Unauthorized use of E-Verify information.

The creation of the new M&C Branch highlights, yet again, the need for employers who enroll in E-Verify to dedicate sufficient resources to ensure that the program is used correctly.  The Department of Homeland Security’s Privacy Impact Assessment for the Compliance Tracking and Management System can be accessed here for additional information. 

The new system will be effective June 22, 2009.