The Immigration Reform and Control Act

The Immigration Reform and Control Act is designed to help control illegal immigration to the United States and to remove the stigma attached to longtime resident undocumented aliens. The Act requires employers and employment agencies to only hire, continue to employ or refer for employment those foreign nationals who are authorized to work in the United States. Illegal aliens who entered the United Sates before January 1, 1982, and have resided here continuously are "grandfathered" under the terms of this Act. This law applies to all employers regardless of size or industry. Job applicants must produce documentation to verify that they are either U.S. citizens or aliens/foreign nationals who are authorized to work in the United Sates. Documents which are acceptable as proof of an applicant's identity and employment eligibility are as follows: passport, birth certificate, driver's license. The employer is not required to check the authenticity of the documents presented. The Immigration and Naturalization Service (INS) requires both employers and newly-hired employees to sign an employment verification form (Form I-9) which certifies an employee's identity and employment eligibility. I-9 forms must be retained by the employer for three years after the date of hire or one year after the date of termination. With three days advance notice, the INS or the Labor Department may inspect an employer's recordkeeping. Fines will be assessed for violations of verification or recordkeeping. Employers may be subject to a fine of up to $10,000 for each illegal alien hired. Jail sentences may be imposed on employers exhibiting a pattern of hiring illegal aliens. Employers may not use the Act's requirements as a foundation for discriminating against individuals on the basis of national origin.