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FN33.   To date, USCIS has refused to limit that portion of the MOU to requests for documentation/information related to E-Verify queries.  This means an employer’s I-9s and personnel records—even those in place prior to an employer participating in E-Verify—could be subject to review under the MOU.  Therefore, this section could result in a waiver of employer protections even for non-E-Verify records.  But also recognize, that DHS has always had authority to audit I-9 and payroll records under the Immigration Reform and Control Act.  8 USC 274A (e).