Immigration Reform and Control Act of 1986
10 July 2006
(as amended by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996),
8 U.S.C. §§1324a et seq.
Coverage and Prohibition: The Act as amended prohibits all employers (regardless of size) from hiring individuals who are not legally eligible to work in the Unites States. Accordingly, all employers, including state and local government employers, must verify that employees are either U.S. citizens or authorized to work in the United States. Verification requires that new hires produce specific documents proving their identity and employment eligibility and, further, that both employee and employer complete a government form, INS form I-9, indicating that the new hire is eligible for employment. Form I-9 must be retained for three years from the date of hire or until one year after termination, whichever is later.
In addition, the Act makes it unlawful for employers with four or more employees to discriminate by hiring, recruiting, referring, or discharging employees on the basis of national origin, citizenship, or intention to obtain citizenship.
Enforcement: The U.S. Citizenship and Immigration Services, formerly, the Immigration and Naturalization Service and now part of the Department of Homeland Security, may audit employer compliance, conduct investigations and hearings, and impose penalties against employers who knowingly hire unauthorized aliens or fail to comply in good faith with the verification procedures set forth in the Act.
Charges of discrimination may be filed with the Special Counsel for Immigration-Related Unfair Employment Practices who will investigate the charges received. If the Special Counsel determines that there is reasonable cause to believe the charge to be true, he may file a complaint before one of the administrative law judges for special appointment by the Attorney General under the Act. The judge will then conduct a hearing on the charge and issue a final order, which is subject to limited judicial review.
Remedies: Employers that fail to comply with the documentation requirements or that knowingly hire or continue to employ an unauthorized alien may be subject to substantial penalties of up to $11,000, depending on the nature and number of violations. In addition, employers that engage in a pattern or practice of violations are subject to criminal fines of up to $3,000 for each unauthorized alien, imprisonment for not more than six months for the entire pattern or practice, or both. Employers that discriminate in violation of the Act also may be assessed civil penalties of not less than $250 and not more than $10,000 for each individual discriminated against, and ordered to hire adversely affected individuals with back pay and to pay reasonable attorney fees.
Related Regulations:
Department of Homeland Security (Immigration and Naturalization): Control of Employment of Aliens, 8 C.F.R. Part 274a.
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