An Amendment Aimed at Controlling High Rates of Illegal Immigration
HISTORY AND PURPOSE OF THE IRCA
The Immigration Control and Reform Act (IRCA) was passed in 1986 as an amendment to the Immigration and Nationality Act, which was passed in 1952. The IRCA was passed to try to control exceedingly high rates of illegal immigration at the time which saw many employers illegally giving jobs to undocumented immigrants. The stated purpose of the IRCA is to help reserve jobs for those who are here legally. There are a few exceptions that exist for undocumented immigrants under the IRCA, which include workers who illegally entered the United States before 1982, and certain workers that are employed in agriculture jobs. The IRCA makes it illegal to hire or refer individuals who do not have proper work authorization from the federal government. A failure to follow hiring guidelines under the IRCA can result in fines in excess of $5,000 per undocumented employee and the possibility of jail time. Immigration and Customs Enforcement (ICE) is in charge of enforcing the laws under the IRCA.
EMPLOYER REQUIREMENTS UNDER THE IRCA
Employers in the United States can only hire either citizens or immigrants who have been given federal authorization to work. A failure to do so can result in the charging of immigration crimes. A United States employer can only hire workers who fall into one of the following categories:
- United States citizen
- Non-citizen national
- Lawful Permanent Resident (Green Card Holder)
- Non-citizen who is authorized to work
As part of the requirements under the IRCA, employers are required to complete an I-9 Form for every employee when they are hired. Employers are also required to inspect identification documents of their employee. It is federally illegal for an employer to ask a prospective employee their country of citizenship and/or proof of their legal immigration while they are being interviewed. These documents and other credentials can only be asked for by employers after a job offer is made to the prospective employee. It is also prohibited under the rules of the IRCA to knowingly recruit and hire workers without proper work authorization. ICE has stepped up their enforcement of all things related to the IRCA during the Trump administration.
HOW DOES THIS AFFECT ME?
If you are a business owner of any kind who has employees, then this can affect you directly. Employers face a fine of up to $1,000 for every employee who doesn’t have a completed an I-9 Form within three days of hire. This goes for every employee an employer hires, even United States citizens. Employers facing sanctions for alleged violations of the IRCA also stand to have an increased focus and attention on their business operations by the federal government. Once ICE agents believe that you are illegally employing a single person, your entire business gets put under the proverbial microscope. If you are facing alleged violations under the IRCA, then it is important to seek the advice of an experienced federal immigration crimes attorney immediately. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you have a business that operates in the United States, you will need to understand the detail of the provisions of the IRCA to make sure you remain in compliance and out of trouble. If you are an undocumented non-citizen who is looking to be employed by a United States company, you will need proper work authorization to do so.
