As you know, running a business is quite difficult. There are various aspects you ought to consider when it comes to the day-to-day running of your business. Also, you should remember the legal issues that come up with running a business, and you may find yourself in need of a business lawyer. Usually, business owners have questions about discrimination when it comes to the hiring process and does their best to ensure there is no discrimination in their business. Is it illegal to employ undocumented immigrants?

Immigration Reform and Control Act (ICRA)

ICRA is a federal law that prohibits organizations from knowingly engaging in illegal activities like hiring undocumented immigrants, referring illegal aliens, and recruiting undocumented immigrants. Therefore, the law makes it a crime to hire a contractor who has employed undocumented immigrants. When you hire an undocumented immigrant, you get yourself in a position where you will serve severe civil and criminal punishments. Usually, employers will argue that they were not aware that the immigrant was in the country illegally. Do they still face criminal charges?

The truth is that whether you knew or did not know that the employee was in the country illegally, you will face criminal charges if you have violated the ICRA act. Remember that an employer is required to submit a Form I-9 after hiring a new worker. The form is used to verify the identity and ability to get hired in the United States.

Understanding Discrimination Laws

Although it is illegal to hire undocumented immigrants, there is also a need to understand that they cannot discriminate against other people applying for a position within a company based on the basis of ethnicity and national origin. That is regarded as employment discrimination. In fact, a company cannot avoid this given problem by not hiring immigrants. The practice is illegal and can result in severe punishment of a company is found to have discriminated during the hiring process.

How to Avoid Hiring an Illegal Immigrant

The first thing to do is to complete an I-9 form to the best of your knowledge. It is a good idea to request the information and other important documents from the employee for eligibility. Also, they cannot decline genuine-looking documents. It is in your best interest to act in good faith when assessing the eligibility of an employee. If the employee’s immigration status is in question, then you ought to investigate the situation in a reasonable manner.…