Employment Law: Immigration Reform and Control Act Essay

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Eligibility to the Law

Under the laws of the United States Patricia is viewed as an employer. This is because she owns a restaurant and she has fifteen employees working for her. According to the specifications of the Immigration Reform and Control Act of 1986, any employer who has more than three employees is eligible for this law (DeLaet, 2000). As a result, Patricia as an employer falls under the umbrella of the IRCA regulations.

She is therefore expected to comply with the regulations that accompany this act to the latter. This will ensure that the United States deals effectively with the issue of illegal immigration and the employment of aliens. These acts have not only negatively affected the employment sector but they have also increased crime and insecurity in the country. Due to this fact, Patricia and other employers are expected to follow the specifications of this law. Failure to this, Patricia may face the legal consequences of the law.

Consequences of the Law

Laws are set to safeguard the interest of the state and its subjects. In an event where an individual breaches a specific law, he/she is expected to face the full impacts of his/her actions as per the requirements of the law. About the specifications of the IRCA of 1986, a breach of this act by an employer will result in severe consequences. In an event where an employer employs an illegal immigrant, financial and other legal penalties may follow.

First, the Immigration and Naturalization Service (Karen, 2000) may sanction an employee. Consequently, the Department of Homeland Security may impose financial penalties against the employer. For the first offense, an employer may be fined $375 to $3200 per Alien (EANJ, 2012). This fine increases with the number of times an employer has been found guilty of this crime, with each act amounting to more severe punishment.

Consequences

Any breach of law always has resultant consequences. Some of the consequences may be fair while others may be severe not only to the victim but also to his family, friends, and society at large. However, from my perspective, I think that the consequences of breaching the IRCA laws are just and fair. Although this law may lead to a heavy financial blow on employers, these fines reduce the employment of aliens in the US.

Before the enforcement of these laws, employers preferred to employ aliens because they provided cheap labor. The presence of aliens in the country also led to an increase in insecurity. Thus, to ensure that there is sanity in the employment sector, the government enacted this law, and to ensure that it is adhered to fully, stiff penalties were attached to the law in case of a breach. These penalties thus restrain employers from hiring aliens and guarantee that proper procedures are followed in the course of employment.

Policies and Procedures to Comply with IRCA Regulations

There are several procedures that Patricia is expected to follow in the process of employment. First, she is expected to determine the eligibility of all the applicants. Here, she is supposed to verify the identification and authenticity of their documents. This is done to determine whether these applicants are aliens or not. Secondly, form 1-9 has to be filled (DeLaet, 2000). The applicant is expected to fill the first section of the form while Patricia as the employer is expected to fill the second section. Patricia is expected to keep this form for at least three years or for one year after the employee left the employment, whichever comes first.

References

DeLaet, D. (2000). U.S. Immigration Policy in an Age of Rights. Chicago: Greenwood Publishing Group

EANJ (2012). Law Summaries – Immigration Reform & Control Act. Employers Association of New Jersey. Web.

Karen, D. (2000). Fundamentals of Employment Law. New York: American Bar Association.

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IvyPanda. (2021, January 28). Employment Law: Immigration Reform and Control Act. https://ivypanda.com/essays/employment-law-immigration-reform-and-control-act/

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"Employment Law: Immigration Reform and Control Act." IvyPanda, 28 Jan. 2021, ivypanda.com/essays/employment-law-immigration-reform-and-control-act/.

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IvyPanda. (2021) 'Employment Law: Immigration Reform and Control Act'. 28 January.

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IvyPanda. 2021. "Employment Law: Immigration Reform and Control Act." January 28, 2021. https://ivypanda.com/essays/employment-law-immigration-reform-and-control-act/.

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