FN36.   Early in the new Administration, Secretary Janet Napolitano directed a review of the E-Verify system, noting, “E-Verify has encountered criticism both for false negatives (persons who are authorized to work but who nonetheless receive a tentative non-confirmation from the system) and for false positives (unauthorized aliens who receive a confirmation because they have borrowed or stolen the identity of an authorized worker).”  Department of Homeland Security Press Release, Secretary Napolitano Issues Immigration and Border Security Action Directive (Jan. 30, 2009), available at 

In May 2008, USCIS implemented a system-based and data-source enhancement to address the high number of mismatches and faulty data regarding foreign born US citizens.  This system reduced those mismatches only by about 39% resulting in continued mismatches for foreign born US citizens that require follow up through USCIS or the Social Security Administration.  As further evidence of the high error rate of the databases, USA Today reports that Intel, one of the largest U.S. employers, had found that 12% of its 1,360 workers hired between January and July 2008 were initially rejected by the E-Verify system. Moreover, Intel challenged the 143 rejections and all of the workers were found to be legal U.S. workers. See Thomas Frank, “Use of Federal Database for ID Checks Hits Some Bumps,” USA Today, Feb. 6, 2009, available at