The below was sent today.

Ms. Wilson, thank you for your time on the phone this morning. As discussed, here are some questions for an upcoming column/news report on the statewide news outlet, Insider Advantage Georgia.

A recent Bloomberg news report contains well-researched information that seems to indicate some Georgia employers with E-Verify MOUs are not using the system to verify work eligibility of some or all newly hired employees. This would be a violation of the terms of the E-Verify MOU which states: “The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU.”

Bloomberg: “Georgia, for instance, has 101,667 enrolled businesses, the most in the country. It also has the lowest percentage—23 percent—of enrollees that e-verified a hire in the past year”.

With the employment market booming, it is logical to assume that far more than 23% of E-Verify users in Georgia have hired new employees in the last year and that many E-Verify users in Georgia are in violation of their MOU. As you know, use of E-Verify is mandated by state law for public employers and contractors/vendors and for most private employers.

Questions

1) Does USCIS/DHS have in place any audit, or monitoring system to insure that E-Verify users are in compliance with the MOU which clearly states “the Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU”, please?

2) Does USCIS/DHS have a system by which non-compliance with the MOU is sanctioned with revocation of the MOU for employers? From the E-Verify MOU: “Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements.”

3) Has USCIS/DHS terminated any MOUs for non-complaince in the last year in Georgia? Any other state?

4) Does USCIS/DHS have in place a system by which public complaints of non-compliance in E-Verify MOUs are taken?

5) Please alert me to the database or resource that indicates the number of E-verify users who verified a new hire in the past?

I may have follow up questions. Thanks again for your interest.

Have a nice weekend!

D.A. King