The U.S. Department Of Justice Confirms That Participation In E-Verify Does Not Provide Blanket Protection to Employers

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In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to properly complete Form I-9 Employment Eligibility Verification Documents for its employees. The Office of the Chief Administrative Hearing Officer of the U.S. Department of Justice (OCAHO) ruled that E-Verify provides no such blanket protection to employers.  In its decision, the OCAHO cited the E-Verify Memorandum of Understanding that must be signed by all participating employers, which states: “The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees.” OCAHO issued a partial summary decision in favor of the U.S. Immigration and Customs Enforcement and ruled that despite its enrollment in E-Verify, the employer was liable for 129 Form I-9 violations.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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