Rights and Protections

In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA).  IRCA forbids employers from knowingly hiring individuals who do not have authorization to work in the United States.  To comply with the employment eligibility verification and anti-discrimination provisions of the Immigration and Nationality Act, an employer must:

• Verify the identity and employment authorization of employees hired after November 6, 1986.
• Complete and retain an Employment Eligibility Verification Form (I-9) for each employee hired after November 6, 1986.
• Not discriminate against individuals on the basis of actual or perceived national origin, citizenship, or immigration status.

Individuals who may legally work in the U.S. are: Citizens of the United States; noncitizen nationals of the United States; lawful permanent residents; and aliens authorized to work.

Discrimination:

Employers may not, for the purpose of verifying a worker’s employment eligibility request more or different documents than required by E-Verify or the I9 (employees have the right to choose which documents to present); reject reasonably genuine-looking documents; specify certain documents; retaliate or intimidate employees based on citizenship status or national origin; run some, but not all new employees through the E-verify system; run certain applicants through E-Verify prior to hire; fail to inform workers that they have received a TNC.