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Workplace Enforcement

Workplace Enforcement. Christian Flagstad, Jordan Okuno, Sarah Tomasi, Atish Vanmali, Cally Xiao. Immigration Reform and Control Act (IRCA) 1986.

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Workplace Enforcement

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  1. Workplace Enforcement • Christian Flagstad, Jordan Okuno, Sarah Tomasi, Atish Vanmali, Cally Xiao

  2. Immigration Reform and Control Act (IRCA) 1986 • Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States. It includes sanctions for employers who knowingly hire undocumented workers. (U.S. Citizenship and Immigration Services, website accessed 02-25-09) • First immigration legislation targeted at workplace enforcement. • Goal was to discourage unauthorized entry by limiting the work eligibility for unauthorized immigrants. • Established the Employment Eligibility Verification form (Form I-9). • Used by employer to verify the work eligibility of employee. • Such methods to verify were identification documents such as Social Security Card.

  3. IRCA- Failings • The act created loopholes that could be taken advantage of by both employees and employers. • Documentation required to prove legal status was to be verified by employers and random checks were to be made by the government • Problem- Never established a reliable identification system of employee eligibility. • Result- An underground industry of fraudulent documents permitted illegal immigration to return to pre-reform levels • After only 2 years, governmental oversight of enforcement began to steadily decrease with fewer and fewer citations being issued yearly. 343

  4. Recent Policy Change • “Comprehensive Enforcement and Immigration Reform Act” (Senate, 2005) • would impose individual fines on those who provide false documents to obtain employment • mandatory participation in the Employment Eligibility Verification System for employers • not passed, because there is no enforcement plan or solution to the problem • “Fair and Legal Employment Act” (Arizona, 2008) • on the first offense, a business that knowingly hired unauthorized immigrants would have its license suspended; on the second offense, its license would be revoked

  5. Recent Policy Change cont. / Moral Issues • EEVS: • E-Verify (formerly the Basic Pilot/ Employment Eligibility Verification Program) • Participating employers can check the work status of new hires online • Unfortunately system is not full proof. • Moral Issues: • Discrimination:Use SSA’s “no match” notices as a threat to fire workers, which exploits them. • Raids: ICE and their raids raise civil rights concerns

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