A new federal policy by the United States is set to reshape how employers respond to changes in their workers’ immigration status and may leave thousands of immigrant employees vulnerable to abrupt dismissal.
This week, the US Department of Homeland Security (DHS) introduced a major update to E-Verify, the digital system many employers use to confirm a new hire’s legal ability to work in the United States.
The new “status change report” feature automatically flags employees whose work permits, known as Employment Authorization Documents (EADs), have been revoked after hiring.
The move, aimed at tightening workplace compliance, comes as immigration policies across the country shift rapidly. But legal reports and workers say the policy update may have unintended consequences. Crucially, while employers are now notified of an employee’s status change, the workers themselves are not. The result, critics say, is a process that could lead to mass job loss quietly and without recourse.
Until now, there was no formal mechanism for alerting employers when an employee’s work authorization lapsed or was rescinded. With this update, employers using E-Verify will receive alerts in real time if the government revokes a worker’s legal right to work.
Notably, the DHS has confirmed that these alerts will not be sent to the affected employees — only their employers. That communication gap has already drawn criticism from labor advocates and immigration attorneys, who warn that workers could lose their jobs without even knowing their legal status had changed.
The update comes in the wake of a Supreme Court decision that backed the Trump administration’s authority to wind down certain immigration protections. These include Temporary Protected Status (TPS), humanitarian parole, and the Cuba-Haiti-Nicaragua-Venezuela (CHNV) parole program. Many individuals who previously qualified under these programs may now be out of status, even if they still possess valid-looking EAD cards.
The new reporting function places greater compliance pressure on employers, who are now expected to monitor E-Verify reports for status updates. If an employee appears on the list and cannot provide alternative proof of legal work authorization, the employer is expected to terminate their employment.
However, DHS has cautioned against the misuse of this tool. A statement accompanying the update warned employers not to use the information “as a means of targeting or profiling workers based on national origin or immigration status.” Employers who violate this directive could face investigations under the anti-discrimination provisions of the Immigration and Nationality Act.
It is a legal tightrope: employers face penalties for keeping unauthorized workers on payroll, but also risk legal exposure if they act too aggressively in response to alerts.
For immigrant workers navigating complex and evolving legal processes, such as pending asylum cases or TPS renewals, the update adds a new layer of uncertainty. Without direct notification, many may be unaware that their authorization has been revoked until they are called into a meeting or handed a termination letter.