What is the Immigration Reform and Control Act (IRCA)?

275795 ellis islandThe Immigration Reform and Control Act (IRCA), an amendment to the Immigration and Nationality Act of 1952, was introduced in 1986 with the objective of controlling alarmingly high rates of illegal immigration. It was found that many American jobs were given to immigrants who made their way into the country illegally instead of immigrants who received work authorization. 

As the first major step taken to improve immigration laws, the IRCA is meant to reserve jobs for legal residents and immigrants.  To ensure that the law is implemented strictly, the Immigration and Naturalization Service (INS) was put to the task.  

The Act prohibits employers from hiring or referring individuals who are not authorized to work in the United States. Employers are also required to thoroughly check the identity and employment authorization of employees, whether they are permanent, temporary, or student employees. Employers must complete Form I-9 for each employee within three days of hire. If employers do not complete the I-9 properly or at all, they may face fines of up to $1,000 for each hire or possible jail time. The penalty for hiring unauthorized workers is even steeper — up to $5,500 per worker.

When implementing the IRCA, the Congress did make a few exceptions for illegal immigrants. IRCA officially excused certain agricultural immigrants who were considered illegal, as well as workers who illegally entered the United States before 1982. For a detailed summary of the IRCA, please visit the Library of Congress.

On the other hand, employers are also faced with certain restrictions to prevent undue discrimination against minorities and immigrants. Employers are not allowed to ask for citizenship or proof of immigration during the interview process, and can check for authorization and other credentials only after making an offer. It is also illegal for employers to discriminate when hiring based on a candidate’s immigration status.

The IRCA makes it illegal for employers to choose undocumented workers or those with temporary visas over a fully qualified U.S. citizen. Any eligibility verification carried out by the employer should be completed after an official employment offer has been made. To know more about how the IRCA affects pre-employment inquiries and subsequent recruitment, visit the U.S. Equal Employment Opportunity Commission.

This content is provided by Patriot Software, Inc., developer of online small business software for American employers, including online payroll software, employee self-serve software, applicant tracking software and human resources software. For more information, visit www.PatriotSoftware.com.

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