Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Rise In E-Verify desk audits: What U.S. employers need to know in 2025, (Aug 20, 2025)
Law Firms Mentioned:Ballard Spahr
Organizations Mentioned:Ballard Spahr, LLP | Social Security Administration | U.S. Department of Homeland Security
By Dustin O'Quinn of Ballard Spahr LLP
In recent months, we have seen a notable uptick in E-Verify desk audits and related inquiries from federal and state agencies. This trend reflects the current administration's heightened focus on employer immigration compliance—an area that is increasingly attracting both federal and state enforcement attention.
What Is E-Verify and Who Oversees It?
E-Verify is an internet-based system that allows U.S. employers to confirm the employment eligibility of newly hired workers. It is administered by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). While participation in E-Verify is voluntary for most employers, it is mandatory for certain federal contractors and in states with laws requiring it.
E-Verify operates under DHS, specifically through U.S. Citizenship and Immigration Services (USCIS). This connection to DHS underscores why E-Verify activity often aligns with broader immigration enforcement priorities.
Increased Federal and State Enforcement
In addition to DHS-led efforts, state agencies are increasingly active in monitoring employer E-Verify use. We are seeing more employers receiving letters, emails, or calls requesting detailed records of their E-Verify transactions, policies, and procedures. These audits may include:
Requests for copies of E-Verify case results and any follow-up documentation.
Questions about the timeliness and accuracy of entries.
Inquiries into how non-confirmations and tentative non-confirmations are handled.
Checks for compliance with state-specific E-Verify requirements.
This rise in multi-agency involvement means that even employers operating in states without E-Verify mandates could face scrutiny if they use the system.
Why the Spike in Audits Now?
Several factors appear to be driving this enforcement push:
Political Priority on Immigration Compliance - The administration has signaled a renewed focus on employer enforcement as a deterrent to unauthorized employment.
Technological Enhancements - E-Verify's improved data-tracking capabilities make it easier for agencies to identify anomalies or non-compliance patterns.
State-Level Immigration Laws - States like Florida have expanded E-Verify mandates, creating additional enforcement opportunities and interagency collaboration.
What Employers Should Do Now
Given this environment, employers should treat E-Verify compliance as a core part of their immigration risk management program. Steps to consider:
Conduct an Internal E-Verify Audit - Ensure all entries are timely, accurate, and fully documented.
Review and Update Policies - Make sure your E-Verify procedures align with DHS and state requirements.
Train Staff - Provide regular training to all personnel responsible for completing E-Verify cases to avoid common errors.
Coordinate with I-9 Compliance - Remember that E-Verify does not replace Form I-9 obligations; the two processes must be consistent.
Respond Promptly to Agency Requests - If contacted by DHS, USCIS, or a state agency, consult legal counsel before responding to ensure accuracy and avoid inadvertent admissions.
Bottom Line
E-Verify is more than a hiring tool—it is now a focal point of federal and state immigration enforcement efforts. Proactive compliance reviews, training, and recordkeeping can significantly reduce the risk of penalties or reputational harm.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Dustin O'Quinn
Ballard Spahr LLP
1735 Market St 51st floor
Philadelphia
PA 19103
United States
Tel.: +1 215 6658500
E-mail: fujimotoc@ballardspahr.com
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