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The Immigration Reform and Control Act (IRCA) of 1986 — Public Law 99-603 (Act of 11/6/86), was passed in order to control and deter illegal immigration to the United States. IRCA amends The Immigration and Nationality Act (INA) (8 U.S. Code, Section 1186).
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to ensure that employees hired are legally authorized to work in the U.S. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, an anti-discrimination provision, and increased enforcement at U.S. borders.
Employers may hire only persons who may legally work in the U.S. (i.e., citizens and nationals of the U.S. and foreign workers authorized to work in the U.S.). The employer must verify the identity and employment eligibility of anyone to be hired. To comply, employers must require applicants to complete Form I-9, which requires employees to show proof of their employment eligibility. Proof is considered to be any of a set of acceptable documentation which is defined in the INA. These provisions apply to all employers.
The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.
Various other laws, such as worker’s compensation, tax (unemployment insurance, local, state, and federal), the Fair Labor Standards Act, the Family and Medical Leave Act, and the Civil Rights Act of 1964, may apply to the employment of foreign workers.