E-Verify Gaps Put Roofing Contractors at Risk of Immigration Violations

Roofing contractors tasked with ensuring their workers are permitted to work in the U.S. use systems like E-Verify, a federal database that allows employers to confirm an employee’s eligibility with I-9 forms.

However, recent comments from the federal agency responsible for the database have brought attention to weaknesses in the system, putting roofing companies in a bind.

“Usage of E-Verify does not absolve employers of their legal duty to verify documentation authenticity, and all employers should take necessary steps to effectively verify legal employment status,” said Assistant Secretary of Homeland Security Tricia McLaughlin.

The comment was in response to a case where a reserve police officer with the Old Orchard Beach Police Department in Maine was arrested by ICE on July 25 after he attempted to purchase a firearm.

According to ICE, Jon Luke Evans entered the U.S. on Sept. 24, 2023, in Florida, but overstayed his visa. He was scheduled to depart the U.S. on Oct. 1, 2023, but didn’t board his flight.

“Jon Luke Evans not only broke U.S. immigration law, but he also illegally attempted to purchase a firearm. Shockingly, Evans was employed as a local law enforcement officer,” said ICE ERO Boston acting Field Office Director Patricia H. Hyde.

The statement goes on to say the police department was “knowingly breaking the very law they are charged with enforcing in order to employ an illegal alien.” As reported by WMTV, city officials said the issue was with E-Verify, the federal verification program it used to confirm Evans was permitted to work.

McLaughlin responded that using E-Verify isn’t enough.

“The Old Orchard Beach Police Department’s reckless reliance on E-Verify to justify arming an illegal alien, Jon Luke Evans, violates federal law, and does not absolve them of their failure to conduct basic background checks to verify legal status,” she said.

Conflicting Messages

First established in 1996, E-Verify went nationwide in 2004. In 2008, President George W. Bush ordered that immigration checks with E-Verify should be a requirement for federal government contractors.

Since then, 10 states have made it mandatory for all or most employers to use E-Verify. Another 11 require it for public employers and/or contractors. In June, the Ohio House of Representatives passed HB 246, which requires all workers hired for public works projects to use E-Verify to confirm employee eligibility.

Information on the DHS website conflicts with statements made by officials like McLaughlin. The website states E-Verify “operates with speed and accuracy” and is “currently the best means available to electronically confirm employment eligibility.”

Meanwhile, the Trump administration filed a lawsuit against the state of Illinois, claiming its “Right to Privacy in the Workplace Act” discourages employers from using E-Verify and interferes with federal immigration enforcement.

The law, which took effect in January, bans employers from using the program to check the immigration status of existing employees and requires them to post notices about E-Verify in the workplace. It also requires employers to notify workers when federal authorities are conducting an audit of their immigration status and allow them to revise their paperwork.

A federal judge in Chicago dismissed the lawsuit, according to Reuters, saying the law falls within the state’s powers to regulate employment and doesn’t interfere with federal immigration law.

In May, ICE arrested 11 Ecuadorian immigrants during a worksite raid targeting a Massachusetts-based roofing company. In a news release about the raid, ICE indicated that the Employment Eligibility Verification Form I-9 was “among the federal government’s most effective tools.”

“Federal law requires employers to verify the identity and employment eligibility of all individuals they hire, using the Employment Eligibility Verification Form I-9,” ICE said in the release. “ICE uses the I-9 inspection program to promote compliance with these requirements, as part of a broader strategy to address and deter the employment of unauthorized workers.”

Worksite raids continue to affect roofing contractors, causing workforce shortages, project delays and reputational harm. Earlier this month, ICE detained several men in Houston, Texas. According to KHOU, the men were heading to work as roofers, construction workers and cooks.

KHOU reports that ICE didn’t acknowledge the arrests, saying they’re targeting all undocumented immigrants regardless of their criminal record.

What Can Contractors Do?

E-Verify works by comparing information entered by an employer from an employee’s Form I-9 to records available to the DHS and the Social Security Administration to confirm eligibility. That doesn’t make it foolproof, as records can be falsified or fraudulent.

Trent Cotney, partner at Adams & Reese, said that E-Verify remains a useful compliance tool, but the DHS’ remarks about not solely relying upon it should be heeded.

“Contractors should continue to complete and maintain properly executed Form I-9s, implement consistent employment eligibility verification policies, and conduct internal audits to identify and correct deficiencies,” he said.

Given all this, contractors will need to go beyond E-Verify. Cotney encourages contractors to provide training for HR staff, to document good-faith compliance efforts, and, when necessary, seek legal guidance to ensure practices align with federal immigration law and state requirements.

Additional training and compliance efforts might be costly or time-consuming, but in the long run, they may prevent roofing contractors from disruptive jobsite raids or losing valuable employees.

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