Complying with
Changing Immigration Policy: Tips for US Employers Who Employ Migrant Workers
On August
8, 2018, ICE officials served search warrants in 13 locations in Nebraska and
Minnesota, arresting over 130 people according to a press release by the
Department of Homeland Security. The operation targeted businesses that
officials say knowingly hired and mistreated immigrants who are in the U.S.
illegally. Among those arrested were 14 business owners and managers. While the
general focus of law enforcement has remained honed on those working in the
U.S. illegally, there are now growing concerns that law enforcement is also
targeting businesses and business owners who hire immigrants who are
unauthorized to work in the U.S. While this is not the first time the U.S.
government has cracked down on employers of unauthorized workers it is
certainly not expected to be the last. This raises the question though: How can
employers insure they are in compliance with the law in regards to their
immigrant workers?
The 1986
Immigration Reform and Control Act (also known as the Simpson-Mazzoli Act)
makes it illegal for employers with four (4) or more employees to knowingly
hire someone who entered the U.S. without the proper permission to work, or to
transport people into the U.S. for the purpose of work without permission.
Here’s what you need to know to remain compliant with the law:
Confirm that
employees are legally able to work in the U.S. This confirmation process
requires that employers submit an I-9 form for all new employees, regardless of
their citizenship status. New employees must fit into one of four categories of
legal workers: U.S. citizens, noncitizen
national, lawful permanent resident or alien authorized to work.
Avoid discrimination
based on perception of an employee’s immigration status. Employers may not
inspect a potential employee’s immigration or citizenship documents prior to
making a job offer. Such documents can only be requested after an offer of
employment has been made. Employers are also prohibited from designating which
identification documents a new employee may present from the acceptable
documents list.
Terminate the
employment of any employee found to be working in the U.S. This may happen
due to an expired work visa or other circumstances. Employers are also liable
for any undocumented workers employed by subcontractors. If you contract with a
service provider and discover that the provider employs undocumented workers,
you’re obligated to insist that the subcontractor terminate the employment of
all undocumented workers – or you must terminate the contract.
https://www.missionbox.com/article/149/immigration-reform-and-control-act-tips-for-us-employers
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