Representative Lucille Roybal-Allard (D-CA), joined by 38 congressional members, sent a letter to U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas calling for the creation of a review process that would enable workers to effectively challenge E-Verify errors. The letter claims that U.S. citizens and lawful immigrants currently have no way of challenging a final declaration of ineligibility to hold employment. By that they mean challenging a Final Non-Confirmation issued by the Department of Homeland Security.
Now might be a good time to point out some tips/remainders regarding E-Verify and Tentative Non-Confirmations (TNCs). First, employers must follow the prescribed process when they receive a TNC for an employee, meaning they must, among other things notify the individual and allow them to challenge the TNC. Second, employers cannot take any adverse action against an employee who is challenging a TNC or during the pendency of the challenge. As the Brits would say, Keep Calm and Carry On until you have case resolution.