Immigration Reform and Control Act
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Does the Immigration Reform and Control Act apply to your current (or most recent) employer? Explain. What are the consequences to an employer if it hires an unauthorized alien?
* Describe the federal laws and regulations pertaining to employee workplace rights.
* Evaluate the legal liability of non-compliance.
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Solution Summary
The Immigration Reform and Control Act is discussed in terms of its creation and objectives, and consequences of an employer hiring unauthorized persons is provided. Employee rights, which can be broken down between statutory rights and contract of employment, are also given with employee workplace rights and the legal liability of non-compliance.
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Immigration Reform and Control Act:
The Immigration Reform and Control Act was created in 1986 after a commission was created by the Congress in 1968 to study the effects of immigration over the years. This Act sought to meet three major objectives in its legislation i.e. to heighten the security at the borders, amnesty and to address the issue of employees sanction. This therefore obliged employers to have constructive knowledge on individuals before hiring them since it was illegal for them to employ unauthorized personnel. In the hiring of any employee, the employer should be able to verify that the employee hired is eligible to work in the country (Ronan, et. al, 2011).
Employers have continually used the E-Verify system so as to confirm the legality of the workers they employ although this can be cumbersome because the system is not 100% accurate and the process of verifying an employ is authorized to work in a country involves a lot of paper work. Although obeying the rules and regulations stated in the Immigration a Reform and Control Act sounds easy, technicalities have occurred as the objective of the government and the employers differ i.e. An employer looks at an individual educational background qualifications, work experience, so as to determine the specialization of an individual to an organization rather than if the person has a legal right to work for the country (Ronan, et. al, 2011).
There are a number of consequences an employer is faced with on hiring an employees deemed to be unauthorized or getting into contract with such individual. These consequences include imprisonment of the ...
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