The Immigration and Naturalization Act, as amended by IRCA and all subsequent amendments, prohibits employers from hiring illegal aliens. IRCA applies to all employers, including those that hire domestic help or farm laborers. Employers are required to verify that all employees hired after November 6, 1986, are legally entitled to work in the United States. The law also makes it illegal to discriminate in hiring and firing based on citizenship status or national origin.
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Download Now Employees must provide employers with documents that show (1) identity and (2) employment eligibility. Employees must also complete an Employment Eligibility Verification Form, known as Form I-9, attesting under penalty of perjury that they are either U.S. nationals or aliens authorized to work in the United States. The law is administered by the United States Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS). This agency was formerly known as the Bureau of Citizenship and Immigration Services (BCIS) and the Immigration and Naturalization Service (INS) and was part of the U.S. Department of Justice.
Form I-9. The current version of Form I-9 is the August 2, 2009, revision; it may be obtained at
http://www.uscis.gov.
Note: Employers may not accept expired documents to verify employment authorization.
IRCA provisions "preempt any state or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens" (8 USC Sec. 1324a(h)(2)). There is a preemption exception for state licensing and similar laws, but according to the ...