LexisNexis® Legal Newsroom
Gang of Eight: National ID Out, E-Verify In

"Senators working on a sweeping immigration bill will likely abandon the idea of a new high-tech ID card for workers because it’s too expensive, a key negotiator said. That means their emerging legislation, which they’ve promised will crack down on employers who hire illegal immigrants...

Licensed to Carry, Forbidden to Work

"Legally, I could travel the world as a U.S. citizen, drive, marry, buy a house and even carry a gun in my pants. A branch of my family tree planted American roots in the late 1600s. But the immigration service said I could not continue keeping my job of nearly 20 years. Or work at any U.S. job...

S. Carolina Cites 300+ Businesses for Failure to Comply with E-Verify Mandate

"In the first full year of mandatory immigration checks for SC workers, the state cited 323 businesses for failing to comply with the law. None of those businesses lost its license to operate in South Carolina, and none has been a repeat offender, said Lesia Kudelka, a spokeswoman for the S.C Department...

Wonkblog: E-Verify Could Hurt Citizens, Work-Authorized Immigrants

"Under the current rules, if E-Verify says you’re not authorized to work, you have eight days to visit the appropriate government agency and begin an appeal. If you’re not able to go in time, or you can’t convince the agency that a mistake was made, your employer is supposed to...

Idaho Joins E-Verify RIDE

"As of July 14, 2013, Idaho is the third state to join the Records and Information from DMVs for E-Verify (RIDE) program. Through the RIDE initiative, E-Verify is able to confirm information from drivers’ licenses and state identification cards through the participating states. Mississippi...

Excerpts From The Aug. 15, 2013, Bender’s Immigration Bulletin

Washington Supreme Court Bars Certain Uses of Immigration Status On July 10, 2013, the Washington Supreme Court updated its legal ethics rules to prohibit attorneys from referring to an individual’s immigration status to intimidate, coerce, or prevent him or her from participating in a civil...

News Excerpts From the Oct. 1, 2013, Bender’s Immigration Bulletin

ICE Issues New Guidelines on Use of Solitary Confinement in Immigration Detention Centers: On September 4, 2013, U.S. Immigration and Customs Enforcement issued a directive establishing policy and procedures for the placement of detainees in solitary confinement. Under the new guidelines, detainees...

The E-Verify Shutdown: What Does It Mean For Employers and Employees?

USCIS posted this message on October 1, 2013: "E-Verify is currently unavailable due to a government shutdown. While E-Verify is unavailable, you will not be able to access your E-Verify account. As a result, you will be unable to: Enroll any company in E-Verify Verify employment eligibility...

E-Verify's Getting Better for Citizens, Worse for Immigrants, Asylees

"A government report released this week found that E-Verify, a federal program that checks whether someone can legally work in the U.S., is growing more accurate. But not for immigrants. The report, commissioned by U.S. Citizenship and Immigration Services (USCIS), showed that the program is doing...

How the Government Shutdown Affected E-Verify

U.S. Citizenship and Immigration Services sent this bulletin at 10/17/2013 10:28 AM EDT: "E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s...

E-Verify and Other Federal Government Services Lurch Back to Normalcy

Well, 16 days later, the federal government is back and slowly returning to normal operations. Beginning today, federal employees are expected to report for their next regularly scheduled work shift. For private employers, this means that government deadlines, investigations and services will resume...

E-Verify to Lock Theft-ridden SSNs: We Should All Worry

"[I]t appears that the lockdown is a crude tool that will affect the proper owner of the SSN as well as the imposters who have stolen it. The lockdown apparently will cause anyone-- even the worker to whom the SSN properly is assigned-- to be given a "tentative nonconfirmation" (TNC) that...

New E-Verify “Enhancement” a Minefield for Employers: Ann Allott

"Here’s a message for restaurant and lodging industries and others that rely on low income workers: It’s time to take your headache medicine. The government is announcing an “improvement” of its E-Verify system. The government calls this an “enhancement,” but...

E-Verify's New Lock: Like it or Not, This is a Big Deal!

"The enhancement “enables USCIS to lock a SSN that appears to have been misused, protecting it from further potential misuse in E-Verify.” What does this mean? It means that E-Verify is actually getting better at doing what it’s supposed to do: verify employment authorization....

Coming Soon – Revised and New E-Verify MOUs

"On Dec. 8, 2013, E-Verify will release revised Memorandums of Understanding (MOU) for E-Verify browser users and new MOUs for users accessing E-Verify through Web services . Current E-Verify users will not be required to execute a new MOU, but are bound by any and all enhancements to the E-Verify...

SHRM: Why E-Verify SSN Locking Won't Work

"USCIS now proposes to use an analytical process to identify patterns of fraudulent SSN use and then lock the number in E-Verify. The Social Security Administration (SSA) would then be charged with authenticating the identity. The problem is, while the imposter’s use of the SSN has been locked...

News Excerpts From The Dec. 15, 2013, Bender’s Immigration Bulletin

Federal Judges Required to Provide Immigration Warnings During Plea Stage | Under changes to the Federal Rules of Criminal Procedure that took effect December 1, federal judges are required to advise defendants of potential immigration consequences as part of the standard plea colloquy. The amendment...

USCIS Teleconferences on New, Revised E-Verify MOUs, Dec. 11-12, 2013

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Wednesday, December 11, 2013 and Thursday, December 12, 2013 from 2:30 p.m. to 3:30 p.m. (Eastern) to discuss the upcoming release of new and revised Memorandums of Understanding (MOUs...

Is the E-Verify SSN Lockdown Legal? - Tony Weigel

"On November 18, 2013, the U.S. Citizenship and Immigration Services (“USCIS”) announced the roll-out of a new feature to provide “a critical safeguard to the E-Verify system by detecting and preventing potential fraudulent use of Social Security Numbers (“SSNs”) to...

E-Verify Deepens Projected Budget Deficits

"On [Dec. 18, 2013,] the Congressional Budget Office (CBO) released a cost-estimate for the Legal Workforce Act (H.R. 1772). That bill is one part of the House Republican’s immigration reform package that would nationally mandate a version of E-Verify. CBO notes that many unverifiable employees...

SHRM Survey on Employment Eligibility Verification (Form I-9 and E-Verify)

"This SHRM survey captures information on the employment verification process, including challenges associated with the Employment Eligibility Verification Form (Form I-9) process, the use of and challenges associated with E-Verify, an Internet-based program that compares information provided on...

Does E-Verify Participation Lead to I-9 Fines?

"If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has announced a number of settlements under the general heading...

News Excerpts From the Nov. 1, 2014, Bender’s Immigration Bulletin

California Launches Student Loan Program for DREAMers | In late September, California enacted a bill allowing public universities to provide direct loans to state residents unable to obtain federal loans on account of their immigration status. Known as the “California DREAM Loan Program,”...

Texas Governor Issues Executive Order Expanding Use of E-Verify

"Gov. Rick Perry, already jockeying amid a crowded field of potential Republican 2016 presidential hopefuls, issued an executive order Wednesday for state agencies to start using a federal electronic system designed to weed out undocumented workers." - David Saleh Rauf, San Antonio Express...

Does Rick Perry's Executive Order Conflict with Federal E-Verify Rules?

A Texas lawyer asks the feds some pertinent questions, and they reply : "This is in response to your email dated March 30,2015, to the Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC" or "Office"). In your email, you express concerns about...