Aliens and Immigration: What you need to know

The Immigration and Nationality Act, as amended by IRCA and all subsequent amendments, prohibits employers from hiring undocumented immigrants. 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.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  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 immigrants 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).
In recent years, the interaction of state and federal power with respect to immigration has been heavily tested, with the U.S. Supreme Court striking down several state attempts to undertake immigration enforcement duties deemed solely within federal authority.
For example, in Arizona v. U.S., 567 U.S. ___ (2012)., the U.S. Supreme Court held that three of the four provisions of an Arizona state law—specifically, making it a crime under state law to fail to complete or carry an immigrant registration document while in the U.S.; prohibiting, under state law, an unauthorized immigrant from applying for, soliciting, or performing work; and authorizing state law enforcement officers to conduct warrantless arrests of ...

>> Read more about Aliens and Immigration

More on this topic:

State Requirements

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

Aliens and Immigration Resources

Aliens and Immigration Products

Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.