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In 1986,
Congress enacted the Immigration Reform and Control Act (IRCA). IRCA made it unlawful for an employer
in the United States to knowingly hire a worker who
is not authorized to work in the U.S. The 1986 law established
a procedure that employers must follow to verify that employees are
authorized to work in the U.S. The federal government
created Form I-9, the employment eligibility verification form, which employers must
complete for all new
employees.
Because of
concerns that the I-9 employment eligibility verification process could result in discrimination against
workers, Congress also included antidiscrimination provisions within
IRCA.
Under IRCA, individuals who are authorized to work in the U.S. are protected from discrimination based on
citizenship/immigration status, national origin, as well as certain
practices called "document abuse." Document abuse occurs when an employer
requires a worker
to present specific documents to verify his/her employment
eligibility (rather than allowing the worker to choose which of the
acceptable documents he or she will present, as long as s/he
fulfills the documentation requirement) or more documents than are
legally required by the I-9
process.
To enforce these
antidiscrimination protections, Congress created the Office of
Special Counsel
for
Immigration-Related Unfair Employment Practices (OSC).
A part of the
U.S. Department of Justice's Civil Rights Division, the OSC has
multilingual staff and attorneys ready to assist workers, their
unions, or other advocates for employees, along with employers and
the general public on matters involving employment discrimination. The OSC is not part of the Department of Homeland Security.
For information
or assistance in filing a charge of discrimination, workers may
contact OSC 's toll-free hotline at (800) 255-7688 or (800) 237-2515
(TDD for hearing impaired).
There is also an
automated hotline for employers at (800) 255-8155 or (800) 362-2735
(TDD).
For more
information, please visit the OSC's website:
www.usdoj.gov/crt/osc
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Issue Briefs and Other Resources |
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BASIC PILOT/E-VERIFY &
ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION |
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How Errors in Basic Pilot/E-Verify
Databases Impact U.S. Citizens and Lawfully Present Immigrants (4/08) |
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NILC and CLASP oppose using the
National Directory of New Hires for purposes of establishing a mandatory
electronic employment verification system (EEVS) as is proposed in the
“New Employee Verification Act of 2008” (HR 5515).
Written Statement of Vicki Turetsky and Tyler Moran before the
Subcommittee on Social Security, Committee on Ways and Means, U.S. House
of Representatives, 5/6/08. (Turetsky is director of family policy
at the Center for Law and Social Policy; Moran is NILC's director of
employment policy.) |
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Rep. Sam Johnson's "New Employee
Verification Act": Another Version of the Shuler-Tancredo Bill
(New Employee Verification Act of 2008 -- HR 5515) (3/21/08, rev. 4/8/08) |
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Shuler-Tancredo Employment
Eligibility Verification System: Poorly Designed, Dangerous for the
Economy (Secure America through Verification and Enforcement
Act of 2007, or SAVE Act -- HR 4088/S. 2368) (2/14/08,
rev. 4/9/08)
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Basic Information Brief: DHS Basic Pilot/E-Verify Program (HTML
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PDF) (revised
3/08) |
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Basic Pilot / E-Verify: Not a
Magic Bullet. "If the program
were to be significantly expanded without its current flaws first being
addressed and corrected, workers and employers alike would be impacted
adversely. If such an expansion were to be implemented outside the
context of a comprehensive program to legalize the status of currently
unauthorized workers, it would cause certain businesses and industries
to move into the unregulated underground cash economy." (revised 1/08) |
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Why States and Localities
Should Not Require Employers to Participate in the Basic Pilot/E-Verify Program (HTML
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PDF) (1/08)
Updated January 2008
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Erecting Its Own Tombstone:
Arizona's Mandatory Basic Pilot/E-Verify Law. Arizona's
requirement that employers verify workers' employment eligibility via
Basic Pilot/E-Verify has yielded negative results for the state, its
businesses, and its workers. (4/08) |
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Electronic Employment Verification
Systems: More Harm than Good (by NILC's Tyler Moran, from the
Jan.-Feb. 2008 issue of
Clearinghouse Review). The existing Basic Pilot/E-Verify
program, which is an EEVS, is compromised by database inaccuracies,
employer misuse, technology limitations, privacy lapses, and
discrimination against workers. Advocates should be aware of both
the harmful aspects of federal, state, and local legislation mandating
the use of EEVS and appropriate legal and advocacy responses. |
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Administration
Announces Harsh New Immigration Measures (article) and
List of announced measures:
"Improving Border Security and Immigration Within Existing Law"
(Depts. of Homeland Security & Commerce, 8/10/07) |
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E-Verify: A Dept. of Homeland
Security Fact Sheet, 8/9/07. "E-Verify is a re-branding
of its predecessor, the Basic Pilot/Employment Eligibility Verification
Program . . . . The Basic Pilot is being re-branded to highlight key
enhancements in the program, including a new photo screening tool that
helps employers to detect forged or faked immigration documents." For more information and
context, see "Administration Announces Harsh New Immigration
Measures," 8/10/07. |
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Testimony of Tyler Moran,
Employment Policy Director, National Immigration Law Center, Before the
House Committee on Ways and Means, Subcommittee on Social Security,
Hearing on Employment Eligibility Verification Systems,
June 7, 2007. (PDF) |
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U.S. Government/Government-commissioned Evaluations of Basic
Pilot/E-Verify
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Findings of the Web
Basic Pilot Evaluation (report submitted to the U.S. Dept. of
Homeland Security by Westat, Sept. 2007). "This report summarizes
the findings of the evaluation of the Web Basic Pilot program, a
modified version of the Basic Pilot program – one of the three pilot
programs originally mandated by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA)." (PDF)
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Employment Verification: Challenges
Exist in Implementing a Mandatory Electronic Verification System
(U.S. Govt. Accountability Office Testimony before the Subcommittee on
Social Security, Committee on Ways and Means, House of Representatives,
Statement of Richard M. Stana, Director Homeland Security and Justice
Issues, GAO, June 7, 2007). (PDF, GAO website)
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Interim Findings of the Web-Based
Basic Pilot Evaluation (report submitted to the U.S. Dept. of
Homeland Security by Westat, Dec. 2006). "This report is an
interim report summarizing the findings to date of the evaluation of the
Web Basic Pilot program, a modified version of the Basic Pilot program
-- one of the three pilot programs originally mandated by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)." (Posted 9/11/07)
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Report to Congress on the Basic
Pilot Program (U.S. Citizenship and Immigration Services, June 2004) (PDF)
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INS Basic Pilot Evaluation: Summary
Report (Temple University Institute for Survey Research and Westat, Jan.
29, 2002) (PDF)
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IMAGE PROGRAM |
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Facts about the
IMAGE Program: ICE Mutual Agreement between Government and Employers (PDF)
(1/07) |
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STATE & LOCAL PROPOSALS |
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State and Local
Proposals That Punish Employers for Hiring Undocumented Workers Are
Unenforceable, Unnecessary, and Bad Public Policy (PDF)
(1/08) |
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See also
Employer Sanctions: State & Local Legislation & Litigation |
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TEMPORARY PROTECTED STATUS (TPS) |
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TOOL KIT FOR ADVOCATES:
Temporary
Protected Status and Proving Work Authorization
(posted 7/25/06) (All files are PDF)
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OTHER RESOURCES |
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Basic
Information about Reverification of Workers' Employment Eligibility |
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Filing an Employment Discrimination
Charge (PDF) |
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Immigrants'
Rights Update Articles
(back
to IRU index) |
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Dept. of Labor
Significantly Alters Employment Eligibility Verification Rules for H-2A
Workers (2/27/08) |
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New Illinois Laws Create Important
Protections against Flaws in Employment Eligibility Verification Basic
Pilot (10/5/07) |
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"E-Verify":
DHS Announces Changes to the Electronic Employment Eligibility
Verification Process
(10/5/07) |
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Most State Bills Mandating Use of
the Employment Eligibility Verification Basic Pilot Fail in 2007 (10/5/07) |
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Lawsuit Challenges Arizona’s
Employer Sanctions Law as Being in Conflict with Federal Law (10/5/07) |
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New Arizona Law Requires Employers
to Use Flawed Employment Eligibility Verification Basic Pilot (7/20/07) |
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Incalza v. Fendi North America, Inc. |
9th Circuit: Workers May Be Granted
Unpaid Leave to Resolve Employment Authorization Problems (7/20/07) |
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ICE Conducted I-9 Audit to Help
Employer Retaliate against Workers (7/20/07) |
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Photo Screening Tool for Employment
Eligibility Verification Likely to Increase Discrimination (4/25/07) |
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The Basic Pilot Program: Not a Magic
Bullet (2/20/07) |
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Why States and Localities Should Not
Require Employer Participation in the Basic Pilot Program (2/20/07) |
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Facts about the IMAGE Program: ICE
Mutual Agreement between Government and Employers (2/20/07) |
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Basic Information Brief: DHS
Basic Pilot Program (10/31/06) |
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Why States and Localities
Should Not Require Employer Participation in the Basic Pilot Program (10/31/06) |
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Grants for training on prevention of
immigration-related employment discrimination awarded by Office of
Special Counsel (Posted 8/24/06) |
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Tool kit for advocates now
available: Temporary protected status and proving work authorization (8/17/06) |
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Summary and analysis: The electronic
employment eligibility verification system proposed by the Senate's
Comprehensive Immigration Reform Act of 2006 (S 2611) (8/17/06) |
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DHS Issues New
I-9 Form, Creating Possible Confusion (6/30/05) |
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Employers Must Accept Expired EADs
of Honduran,
Nicaraguan, and Salvadoran TPS Beneficiaries (6/30/05) |
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OSC Announces Request for Proposals for Outreach
Program
(2/10/05) |
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Senate Confirms William J. Sanchez as OSC Special
Counsel (2/10/05) |
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Service Performance Corp. and Service Employees
International Union, Local 1877,
and Salisbury Hotel and the New York Hotel & Motel Trades Council, AFL-CIO,
Local 6 |
Unions Win Arbitration Victories Related to SSA
"No-Match" Information (2/10/05) |
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Congressmembers
Introduce Sweeping Proposals to Curb Hiring of Undocumented
Workers (2/10/05) (posted under "Congressional Developments")
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"Basic Pilot" Employment
Eligibility Verification Program Expanded Nationwide (12/22/04) |
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SSA Informs Re: Plans
for Verifying Social Security Numbers in 2005 (12/22/04) |
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U.S. v. Karaouni
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9th Circuit Vacates
Noncitizen's Criminal Conviction for False Claim to U.S. Citizenship on I-9 Form (11/08/04) |
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Santos v. United States Postal Service |
OCAHO Finds That INA's Antidiscrimination
Provision Doesn't Apply to the U.S. Postal Service (9/21/04) |
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Grants Awarded for Training
on Prevention of Immigration-Related Employment Discrimination (8/9/04) |
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New Machine-Readable
Immigrant Visa Is Proof of Employment Eligibility (8/9/04) |
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President Bush Nominates a
New OSC Special Counsel (8/9/04) |
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Under New Interim Rule,
USCIS May Issue EAD's Valid for Longer or Shorter Than One Year
(8/9/04) |
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Zamora v. Elite Logistics, Inc. |
Employer
That Questioned Naturalized Citizen's Employment Eligibility Did Not
Discriminate Unlawfully, Court Finds (8/9/04) |
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New EAD Eliminates References to
INS, Contains New Security Features (6/18/04) |
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USCIS Issues Guidance on Employment Eligibility
for Citizens
of "Freely Associated States" (6/18/04) |
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OSC Settles Discrimination Cases in North Carolina
and New York
(5/20/04) |
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Office of Special Counsel
Announces Request for Proposals (4/2/04) |
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Settlements
and Resolutions Reached by OSC in Discrimination Cases (2/17/04) |
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House
Bill Would Extend Employment Eligibility Verification Pilot and Expand
It Beyond Employment Context (10/21/03) |
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OSC
Announces 2003-04 Grantees (9/4/03) |
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Alamprese
v. Minsh, Inc. d/b/a/ Del Taco #171 |
OCAHO Dismisses
Citizen Worker's Claim Alleging Employer Preferred Hiring Undocumented
Workers (7/15/03) |
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Evaluation
of Eligibility Verification Basic Pilot Raises Concerns (7/15/03) |
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Gebin v.
Mineta | 9th Circuit Vacates
and Remands Preliminary
Injunction of Airport Screener Citizenship Requirement (June
3, 2003) |
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BCIS
Clarifies That Asylees and Refugees Are Employment-Authorized Whether
or Not They Have an EAD (June 3, 2003) |
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Office of Special Counsel Announces Request
for Proposals (4/8/03) |
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Ondina-Mendez v. Sugar Creek Packing Co. |
OCAHO
Rules Persons with TPS Cannot Bring Citizenship-Based Discrimination Claims
under IRCA: Agency Has Jurisdiction over National Origin-Based Document
Abuse Claims (12/23/02) |
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INS Seeks I-589
as Alternative EAD Application for Asylees (11/22/02) (posted under
"Immigration Law & Policy – Asylum, Refugee, and Other Protected
Statuses") |
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Office of Special Counsel Announces 2002-03 Grantees
(11/22/02) |
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OSC
Obtains Its Largest Settlement Ever (11/22/02) |
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Congress Extends the Basic (Employment Eligibility
Verification) Pilot Program (2/28/02) |
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Gebin, et al., v. Mineta, et al. |
Lawsuit
Challenges New Citizenship Requirement for Airport Screeners (2/28/02) |
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Onion Grower to Pay for Preferring H-2A Workers
Over U.S. Citizens (2/28/02) |
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Newly
Enacted Citizenship Requirement to Displace Thousands of Airport Security
Screeners (12/20/01) |
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Federal Officials Denounce Discrimination Following
Terrorist Attacks (10/8/01) |
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Workers' Rights Trainings Slated for Seattle
& New York (10/8/01) |
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OSC Announces Antidiscrimination Grants for 2001-02
(8/31/01) |
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Tropicana Hotel & Casino to Pay $75,000 for Discrimination
Claims (8/31/01) |
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Work Authorization Extended for Hondurans and Nicaraguans
with TPS (8/31/01) |
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Asylees to Receive Unrestricted Social Security
Cards (5/10/01) |
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Las
Vegas Casino Agrees to Settle Document Abuse Case (5/10/01) |
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OSC
Partners with CA Dept. of Fair Employment and Housing to Fight Workplace
Discimination (11/28/00) |
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OSC Announces
Antidiscrimination Grants for 2000-01 (8/31/00) |
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OSC Settles
Discrimination Case against College in North Carolina (8/31/00) |
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OSC Wins Backpay for Haitian Holder of EAD, Reminds
Employers of Automatic Extension (8/7/00) |
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AFL-CIO Concludes
Regional Forums on Immigrants' Rights: Participants, Labor Leaders
Continue Push for Legalization and Worker Protections (7/26/00) |
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INS Reminds Employers
of Automatic EAD Extension for Eligible Hondurans and Nicaraguans with
TPS (7/26/00) |
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Proposal to Allow Unlimited
Public Access to Social Security Number Database Has Serious Flaws
(7/11/00) |
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OSC Reaches Settlements with Atlanta Journal Constitution
and Denny's, Inc. (6/6/00) |
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AFL-CIO Calls for Repeal of Employer Sanctions and
Enactment of a New Legalization Program (4/11/00) |
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Bills to Make IIRIRA's National ID Pilots Permanent
Introduced in House, Senate (12/28/99) |
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National Advocacy Groups Point Out Deficiencies
in IIRIRA Pilot Project Evaluations (12/28/99) |
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EOIR Promulgates Final Rules of Procedure for OCAHO
Proceedings (10/14/99) |
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McNeir v. San
Francisco State University |
OCAHO: Exception to Sovereign Immunity Applies
in Discrimination Suit against State University (10/14/99) |
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Guidance Provided Re Questioning of Job Applicants
As to Need for Visa (8/30/99) |
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INS Expands One Employment Verification Pilot and
Starts Another (5/28/99) |
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EOIR Issues Interim Rule Amending OCAHO Procedural
Regulations (4/30/99) |
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Interim Rule Published on Receipts Acceptable for
Completion of I-9 Form (3/3/99) |
