Critics charge that the program unfairly promotes businesses participating in a non-mandatory pilot program and violates the privacy of companies and individuals who do not wish to disclose their participation. In a November 19, 2009 press release, DHS stated the “I E-Verify” program highlights employers utilizing the E-Verify program. Secretary Napolitano states that by disclosing the participation of companies in the program, DHS offers the public an opportunity to “reward” businesses “working hard to follow the law.” E-Verify is a nonmandatory pilot program which employers can use to electronically verify the valid working status of employees. The program is currently required by regulation only for companies participating in federal contracting. The program remains a pilot program and participation is not required under any federal statute. Employment verification is required under federal law by employers through the use of the I-9 form and employee checking of documents. DHS’s justification for releasing the 170,000 names of companies participating in the E-Verify program is unfair and may be illegal. DHS claims that releasing the names of businesses participating in E-Verify allows the public to reward business complying with the law. The actions unfairly promote companies participating in E-Verify and wrongly vilify companies currently not participating. Compliance with the E-Verify program requires many companies to invest substantial resources. Companies may not have the resources to register an already established, verified, and compliant workforce. E-Verify is not a mandatory federal program nor is participation in E-Verify required by federal statute. Therefore, promotion of companies that are currently registered with E-Verify unfairly punishes those who are neither required nor can afford to participate in the program. DHS’s actions may also violate the privacy of companies participating in the program. The Chander Law Firm is interested in hearing from employers who are being adversely affected by the “I E-Verify” program. This includes companies that have received threats or intimidation, been targeted by groups, or lost customers directly because of the “I E-Verify” program. This also includes companies and individuals who have had their privacy violated as a direct result of the “I E-Verify” program. Related Links Press Release
