Employer Sanctions and Discrimination

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The Immigration Reform and Control Act has effectively made every employer responsible for enforcement of a portion of the Immigration Act. This is accomplished through a program known as Employer Sanctions.

Every employer must have proof that every employee is authorized to be employed in the United States. This means that you must be able to provide documents to the employer proving your eligibility for employment, even if you are a U.S. citizen by birth.

Under this law, it is unlawful for a person or entity to hire, recruit or refer for a fee, an individual for employment in the United States if that person does not have authorization to be so employed. This means that it is unlawful for an individual or a business to hire or continue to employ an alien knowing that the alien is unauthorized with respect to employment. It is unlawful for a business or individual to hire any person unless the employer has inspected documents designated by the Immigration and Naturalization Service, which establish the identity and employment authorization of the employee and the employer has completed the required I-9 employment verification form. The verification procedure must take place within 3 days of hiring. However, if the employee can show within 3 days that he or she has applied for replacement of one of the required documents, the employer can wait an additional 21 days to complete the form. The Immigration and Naturalization Service may inspect the employer’s I-9’s upon giving 3 days notice. Employers may be fined $100 to $1,000 per employee for improper, incomplete or missing form I-9’s. For knowingly employing an alien not authorized to work in the United States, and employers may be fined $1,000 to $3,000 per alien on the first violation. Subsequent violations are more serious and can lead to criminal charges. There are no exceptions to this law.

To protect the rights of legal workers who may appear to be foreign because of their accent or race, the law also prohibits employers from unfair immigration-related employment practices in the hiring process on the basis of national origin or citizenship. Failure to comply with this law can also result in penalties and fines.