Two recent events—the increased frequency of raids and notices of inspection by Immigration and Customs Enforcement (ICE) and the Social Security Administration (SSA) resuming its practice of issuing employer correction required notices (sometimes called “no-match” letters) are making companies re-examine their own compliance with federal immigration laws. Where it gets tricky is trying to balance those laws with the many employment laws that also apply.

For example, on the one hand, the federal Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify that all workers have eligibility to work in the United States. To do this, employers of any size must ensure that the Form I-9 is completed and retained properly. On the other hand, the federal Immigration and Nationality Act (INA), as amended by IRCA, prohibits employers from engaging in discrimination with respect to hiring based on an individual’s real or perceived citizenship, national origin or immigration status. These anti- discrimination requirements contained in the immigration statutes apply to employers who have between four and 14 employees. The Florida Civil Rights Act (FCRA) and Title VII, which apply to employers with 15 or more employees, prohibit discrimination based on, among other things, race and national origin.

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