Dealing With U.S. Immigration Law and Employer Compliance

Since his election, one of Donald Trump’s main priorities has been the enforcement of immigration laws in a bid to discourage illegal migration. Typically, these efforts have been in the form of directives to relevant government agencies like the Immigration and Customs Enforcement (ICE), and executive orders. In addition, it has been suggested that the ICE’s budget be increase to boost its capacity to curb illegal migration.

The House of Representatives has also shown the enforcement mentality by passing two significant bills that target illegal migrants. These are the No Sanctuary for Criminals Act, and Kate’s Law. They target individual jurisdiction and individuals who refuse to comply with ICE regulations. This clearly shows that enforcement has taken precedence.

Illegal Immigration and Labor

It goes without saying that illegal immigrants aren’t the only people who break the law as far as employment in the US is concerned. Employers who engage illegal immigrants, whether it is for cheap labor or any other reason, are also breaking the law. Under the Immigration and Nationality Act, employers in the United States are obligated to have an I-9 form for all their employees.

In this form, they must indicate whether their employees are U.S citizens, permanent residents, or holders of non-immigrant visas that prove they are allowed to engage in gainful employment. This might be a United States green card or passport. Whereas certain aspects of the I-9 form require the help of employees in question, it is the responsibility of employers to fill out the forms. What’s more, they must ensure that form is filled out with accurate information.

The forms needs to be filled out during the first three days of employment before being filed. The Department of Labor, the Department of Homeland Security, and the Immigrant and Employee Rights Division of the Department of Justice have the right to take a look at the forms. It is illegal to backdate I-9 forms.