Tuesday Immigration Update: Federal Scrutiny Of E-Verify Raises Compliance Questions

On August 27, 2025, CNN reported that federal officials and practitioners are raising concerns about the reliability of E-Verify, the federal system employers use to confirm work authorization.  The report highlights cases in which workers cleared E-Verify but were later targeted by immigration enforcement, and it notes expert warnings that employers should not rely on the system as a complete compliance shield. 

What E-Verify Is

E-Verify is a Department of Homeland Security program that compares information from Form I-9 to DHS and Social Security records to confirm employment eligibility. It remains voluntary at the federal level, although some states mandate its use for certain employers.

Why This Is In The News Now

Recent cases have underscored gaps between E-Verify results and enforcement actions. For example, after a Maine police department hired an officer whose eligibility was verified through E-Verify, federal authorities later arrested him—prompting questions about how much protection E-Verify provides to employers who use it in good faith. Separate reporting also notes that only a minority of U.S. employers use E-Verify. 

At the same time, courts and states are shaping the landscape. A federal judge recently upheld an Illinois law that restricts certain E-Verify uses, illustrating that state requirements can diverge from federal preferences. 

Key Takeaways From The CNN Reporting

• Even proper E-Verify use may not prevent later scrutiny of a worker’s status; identity fraud, delayed database updates, and non-biometric matching can produce errors or blind spots. 
• Employers who rely exclusively on E-Verify may still face risk if they miss other red flags or fail to follow I-9 procedures precisely.
• Adoption remains uneven, and state-level rules vary, creating a complex compliance map for multi-state employers. 

What Employers Should Do Now

• Reinforce I-9 Fundamentals: Conduct targeted internal audits, ensure timely reverifications, and document correction steps. E-Verify does not replace I-9 compliance. 
• Train Hiring Teams On Document Review: Provide practical training to spot suspect documents and to handle Tentative Nonconfirmations properly and without discrimination. 
• Monitor Status Changes: Establish a calendared process for noncitizen employees’ work-authorization expirations and review DHS updates such as reporting tools that flag status changes.
• Map State Rules: Identify state-specific mandates or restrictions (for example, Illinois limitations) and align policies accordingly. 
• Avoid Over-Reliance: Treat E-Verify as one control within a broader compliance program; document the good-faith steps your organization takes beyond E-Verify. 

​For Workers And Community Partners

• Workers should understand the Tentative Nonconfirmation process, respond promptly to notices, and keep personal records up to date. Community organizations can help by sharing neutral, language-accessible information about I-9 and E-Verify rights and responsibilities. 

📩 For case-specific guidance and employer compliance planning, contact the Law Office of Julia L. Stommes at [email protected].