Immigration Reform and Control Act (IRCA)

Wed, Sep 2, 2015

General Legal Issues

2061523479_88a3c05549_oThe IRCA is also known as the Simpson-Mazzoli Act and was signed into law by Ronald Reagan in the 1980s. Simpson and Mazzoli created a bipartisan effort for this Act, something not always easy to do. Another interesting aspect of the IRCA is that it allowed some previously undocumented immigrants that followed certain rules to become legalized citizens in this country. This link has an in-depth history of the Act.

IRCA puts forth requirements for employers to verify the immigration status of their employees in specific ways. It also enacts legislation that can punish those employers who knowingly hire illegal immigrants.

Some feel the hope was that illegal immigration would be reduced if there were less hope of good-paying jobs in America for those here illegally. However, it also created numerous requirements for employers under the law to both confirm immigration status but not allow them to discriminate based on immigration status or national origin. This can be a little challenging, so the government lays out some specific ideas for avoiding discrimination on the EOOC website.

The I-9 form that you filled out (or should have filled out) when you began your job if your employer qualifies for the Act, is a result of the Act. This form is where the employer affirms that you have the ability to work in the U.S. based on documentation. The recommendation by the EOOC is that this form is the only way an employer can verify the employee’s ability to legally work, rather than through any other means.

Thus, an employer is less likely to be accused of not following proper procedures by the government or the potential employee if the form and procedure are completed in the proper manner and at the proper time. This is a link to the I-9 form.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

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