New Mexico Aliens and Immigration laws & HR compliance analysis

New Mexico Aliens and Immigration: What you need to know

The state of New Mexico prohibits practices or policies that discriminate against immigrants legally eligible for employment in the United States. Discriminatory practices or policies on the basis of national origin are in violation of the New Mexico Human Rights Act (NM Stat. Sec. 28-1-7).
The Act applies to employers with four or more employees.
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Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination on the basis of national origin.
The New Mexico Department of Workforce Solutions' Human Rights Division enforces the Human Rights Act. The division accepts complaints and investigates claims of discrimination to determine if there is the basis for a case of discrimination. All complaints must be filed within 300 days after the alleged discriminatory act was committed.
If it is determined that there is probable cause that discrimination has occurred, the case is set for a hearing before the Human Rights Commission. A person alleging discrimination may also file a private lawsuit in state court.
For additional information, visit
The federal Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the legal status and right to work of all new hires. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.
Please see the Immigration topical analysis for additional discussion.
IRCA and all subsequent amendments regulate the employment ...

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