Melissa Azallion Kenny, a partner in Burr & Forman’s Immigration practice group, was featured in an NBC News article examining a high-profile immigration dispute involving the Old Orchard Beach Police Department in Maine and U.S. Immigration and Customs Enforcement (ICE). The case centers around Jon-Luke Evans, a Jamaican national hired as a seasonal reserve officer after his employment eligibility was approved through the Department of Homeland Security’s E-Verify system. Months later, Evans was arrested by ICE, which alleged that he had overstayed his visa and was unlawfully present in the United States. The incident has prompted public debate about the reliability of E-Verify and the legal obligations of employers who rely on the system in good faith.

In response to the arrest, Old Orchard Beach officials released a statement defending their hiring process, noting that Evans’ background was thoroughly reviewed and that his information was cleared through E-Verify, which indicated his work authorization was valid through March 2030. The Department of Homeland Security, however, maintained that E-Verify does not absolve employers of their duty to independently verify documentation authenticity. The conflicting positions between local and federal agencies have drawn attention to gaps and potential inconsistencies within the federal verification framework.

Azallion Kenny, who advises employers on immigration compliance, provided insight into how E-Verify functions in practice. She explained that when information is properly entered, the system generally produces accurate results but noted that there have been instances of both false positives and false negatives, including possible identity fraud. She added that if an employer accurately completes the I-9 process and uses E-Verify correctly, there may be grounds to present a good faith defense in the event of a dispute.

The case highlights the broader challenges employers face when attempting to comply with federal verification requirements and underscores the need for greater clarity and consistency in how these systems are implemented and enforced.