DHS to publicly display information on Federal Contractors using E-Verify

by John Fay -
February 22, 2010

The Department of Homeland Security (DHS) has announced its intent to publicly display information on businesses using E-Verify on searchable areas of its web site. According to the DHS, the release of this information is allowed under the terms noted in the Memorandum of Understanding (MOU), which must be executed by all employers enrolling in the E-Verify program. A careful reading of the MOU reveals that an employer must agree that E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). Presumably, the disclosure of this information on the DHS web site falls under the very wide scope of “DHS policy.â€