Under a memorandum of agreement with the Justice Department’s Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC), U.S. Citizenship and Immigration Services (USCIS) will share information with the OSC relating to possible misuse of E-Verify by employers.

The memorandum of agreement took effect on March 17, 2010 and states that USCIS will provide data, including citizenship status, to the OSC from the queries that employers run through E-Verify. The OSC will use the information to identify violations of the Immigration and Nationality Act’s anti-discrimination provisions. Employers must understand that the OSC may use the information it obtains from E-Verify to initiate investigations of potential citizenship, immigration status, or national origin discrimination; document abuse (unfair documentation requirements or practices during the I-9 process); and/or retaliation. For additional information, see the recent Seyfarth Management Alert on this topic.