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

more+
less-

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.

Written by:

Published In:

DOJ
I-9

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.

© Laner Muchin, Ltd. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×