Introduction
Illegal immigration, while a perpetual problem in the United States, has increasingly become common and persistent in the last several decades. Higher stands of living, job prospects, and being close to family are often motivators for illegal immigration. There have been various legislative attempts to control the flood of illegal immigration and to curb employment of undocumented immigrants. The Immigration Reform and Control Act of 1986 (IRCA); the Immigration Act of 1990 (The Act) and the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) are the important legislations which seek to regulate illegal immigration.
Legal Structure
Employers are discouraged from employing illegal immigrants. Under the IRCA US employers cannot hire aliens if they know or should have known that the aliens are not authorized to work in the country. They also cannot recruit unauthorized aliens for a fee. Doing any of the above acts is illegal under the IRCA. The employers are required to have documentary proof of legitimate employment status. But the employer or recruiter cannot be held liable if unauthorized alien provided false documentation at the time of his employment.
The Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) made more stringent the documentation requirements for immigrants to work in the US, in response to widespread us of fraudulent documents both by immigrants and employers. The IIRIRA Act limited the documents acceptable for verification thereby reducing confusion and making the process easier for the employers.
Penalties
Civil penalties for employing unauthorized aliens range from $250 to $10,000 for each illegal employee. Criminal violations may result in fines up to $3,000 and up to six months in prison.
Temporary Workers
Nonimmigrant aliens may be employed as temporary workers in occupations where there is no adequate work force. This is provided under IRCA. In addition, the IRCA provides for an expedited process for authorization of agricultural workers, of which there is great demand. Moreover, illegal aliens who have been residing in US since 1982 and seasonal agricultural workers have been provided amnesty under IRCA and have been given an opportunity to have their status adjusted. This allows them to stay legally in the US.
Legal Challenges
The IRCA has been unsuccessfully challenged on constitutional grounds involving due process and freedom of religion. Parties outside the zone of interests that the IRCA seeks to protect lack standing to sue under the IRCA. Aliens and employers are qualified to seek legal redress according to the Act.
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