Unauthorized Employment of Aliens: Basics of Employer Sanctions

Summary

The Immigration Reform and Control Act of 1986 (IRCA) sought to end unauthorized employment by imposing penalties on employers who knowingly hire or continue to employ aliens not authorized to work in the United States (e.g., illegal aliens and foreign tourists). The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)amended some of the provisions of IRCA by reducing the number of acceptable documents for completion of the Employment Eligibility Verification Form (Form I-9) purposes, providing employers with the possibility of a good-faith defense against technical paperwork violations and providing some protection for employers who are part of multi-employer associations. This report summarizes the employer sanctions. This report will be updated as events warrant.