According to a recent notice in the Federal Register, the Department of Homeland Security (DHS) proposes to establish a new Compliance Tracking and Monitoring System (CTMS) to collect and use information necessary to support monitoring and compliance activities for the U.S. Citizenship and Immigration Services (USCIS) Verification Division’s E-Verify program. This new system will be effective on June 22, 2009.

As part of the mandate to implement the E-Verify program, Congress imposed various legal and operational requirements to protect the privacy and security of collected information, to prevent unauthorized disclosure of personal information, and to have safeguards against the system resulting in unlawful discrimination. In order to ensure that these requirements are met, the Verification Division created the Monitoring and Compliance (M&C) Branch.

M&C will monitor the verification transactions to identify potential cases of misuse, abuse, discrimination, breach of privacy, or fraudulent use of E-Verify. When M&C identifies certain activities – referred to as noncompliant behaviors – through these monitoring efforts, they may take additional compliance steps to verify and correct these activities. Initially, CTMS will be used to support a range of monitoring and compliance activities, which include researching and documenting the following non-compliant behaviors:

  • Fraudulent use of SSNs by E-Verify users.
  • Termination of an employee because he/she receives a tentative non-confirmation (TNC).
  • Failure of an employer to notify DHS, as required by law, when an employee who receives a final non-confirmation (FNC) is not terminated.
  • Verification of existing employees (as opposed to new hires).
  • Verification of job applicants, rather than new employees (pre-screening).
  • Selectively using E-Verify for verifications based on foreign appearance, race/ethnicity, or citizenship status.
  • Failure to post the notice informing employees of participation in E-Verify.
  • Failure to use the E-Verify, consistently or at all, once registered.

As outlined in the E-Verify Memorandum of Understanding, employers are liable for inappropriate use of the system. The M&C Branch and CTMS System highlight the need for employers enrolled in E-Verify to dedicate sufficient resources to ensure that the program is used correctly. If a company does not have the resources – in time, money, or staffing – that will ensure full E-Verify and Form I-9 compliance, they may choose third party service provider to limit the possibility of government audits.

A designated E-Verify service provider, I-9Compliance.com – a member of the Pre-Employ.com Family of Companies – can help employers maintain full compliance, reduce risks and liability, virtually eliminate errors, and improve the economy by ensuring jobs for legal Americans. For more information about our services, download our FREE informational white paper – 15 Facts You Should Know About I-9 Compliance: Questions and Answers – at http://www.i-9compliance.com/whitepaper/, visit www.i-9compliance.com, email sales@i-9compliance.com, or call 1-800-300-1821.

tahearn@i-9compliance.com