A small Maine resort town finds itself at the center of a national debate, openly challenging federal criticisms regarding its police department’s hiring practices following the recent arrest of a reserve officer by Immigration and Customs Enforcement. This incident has reignited intense scrutiny over the reliability and effectiveness of E-Verify, the federal government’s primary system designed for employers to confirm prospective employees’ legal authorization to work in the United States.
Federal immigration officials have strongly asserted that the Old Orchard Beach Police Department either “knowingly” employed an unauthorized immigrant or exhibited significant negligence in independently verifying the individual’s status. Conversely, the department has adamantly maintained its rigorous background checks on Jon-Luke Evans, emphasizing his approval to serve as an officer in May through the Department of Homeland Security’s E-Verify Program, a process they diligently followed.
ICE’s account details Evans, a Jamaican citizen, was apprehended after an alleged unlawful attempt to purchase a firearm, which triggered an alert with the Bureau of Alcohol, Tobacco, Firearms and Explosives. This led to his subsequent arrest by ICE, which stated Evans had overstayed a visa requiring his departure in October 2023. However, the town’s police department presents a conflicting narrative, citing E-Verify’s clearance of Evans’ work eligibility until March 2030, directly contradicting the federal claims.
In a joint statement, Town Manager Diana Asanza and the police department expressed dismay, stating, “The Old Orchard Beach Police Department follows all of the pre-employment guidelines expected of an employer in the State of Maine and in the U.S., and we are providing this additional information in response to statements made by certain federal agencies that only work to undermine public trust and confidence in municipal law enforcement.” This underscores the escalating tension and the town’s defensive posture in this significant federal scrutiny.
Prior to Evans’ employment, the police department meticulously compiled a 153-page personnel file, which included comprehensive background checks, detailed driving records, copies of identification cards, extensive education and medical records, and personal references. Police Chief Elise Chard affirmed, “The Old Orchard Beach Police Department thoroughly checked Mr. Evans’ background and verified that all information and documentation he provided was accurate. The depth of his personnel file shows the diligence the Town takes in police hiring.”
Both the town and the police department jointly emphasized the federal government’s aggressive promotion of E-Verify, stating, “Evans would not have been permitted to begin work in Old Orchard Beach without DHS verifying his status. The federal government has aggressively pushed all employers — government and private — to rely on E-Verify in the hiring process.” Chief Chard unequivocally concluded, “Any insinuation that the Town and Department were derelict in our efforts to verify Mr. Evans’ work authorization for the Town is false and appears to be an attempt to shift the blame onto a hard-working local law enforcement agency that has done its job.” This highlights the complexity of immigration law and its practical application.
In a move to demonstrate transparency, the police department released 54 pages of Evans’ personnel file, which NBC News reviewed, revealing records related to his application process, background check stipulations, drug screening, and mandatory training sessions. Notably, DHS has yet to respond to requests for comment regarding the town’s statement, nor has it clarified alternative methods beyond E-Verify for local police departments and employers to independently verify an immigrant applicant’s legal status, leaving critical questions unanswered in this developing E-Verify controversy.
Melissa Azallion Kenny, an immigration law partner at Burr & Forman, weighed in on the issue, noting her professional experience indicates that when prospective employees’ information is correctly entered into the E-Verify system, it generally provides accurate employment authorization confirmations. However, she acknowledged instances of both false positives and false negatives, including potential cases of identity fraud. Kenny suggested that if an employer meticulously completes I-9 forms, utilizes E-Verify thoroughly, and conducts additional checks as described by the police department, they would likely possess a “good faith defense” in a legal challenge, providing crucial insights into the Maine legal dispute.
The town also contextualized its hiring practices, explaining that its police department, like many in coastal communities, relies on a seasonal supplementary workforce to manage the population surge during summer months. This operational necessity adds another layer to the discussion surrounding immigration enforcement and its impact on local governance, especially given Maine’s significant population of immigrant workers.
