Immigration Reform and Control Act (IRCA) of 1986
Employers face a number of difficult problems arising from Immigration and Customs Enforcement recent increase in enforcement efforts under the Immigration Reform and Control Act (IRCA) of 1986.
Perhaps the most serious problem facing an employer is when that employer has information available that would indicate that an employee is not authorized to work under the provisions of the Immigration and Nationality Act. In many of these situations the employer has a “duty to inquire” further about the employee’s immigration status. A failure to inquire further may lead to a finding that the employer has engaged in unlawful hiring under the employer sanctions provision of the law. However, at the same time an employer may be concerned that this further inquiry may also be considered an unfair immigration-related employment practice under IRCA’s anti-discrimination provisions.
If your organization has been accused of violating the IRCA, contact us for a consultation.
