Reinstatement and Back Pay Remedy for Illegal Discharge One of the hottest topics in the Trump Administration is illegal immigrants working as well as living in the United States without proper documentation. The law is increasing punishing firms who do not obey the law and elect to hire illegal individuals. The purpose of the Immigration Reform and Control Act of 1986 (IRCA) is to control unauthorized immigration into the United States adequately. Focusing specifically on the employment of illegal aliens, the Act makes it unlawful for a person or entity to hire, recruit, or refer for a fee, individuals who are not legally eligible for employment in the United States. Moreover, the law provides for employer sanctions and penalties if the …show more content…
The organization is now becoming involved in a discriminating case, after all, there is no way of knowing if they are truly illegals. The IRCA was not in place. Nevertheless, the Human Resource manager knows that one of the three individuals will be due to providing work verification. It is now that the HR department can check his documentation for authenticity. Considering the firm participates in the E-verify program. The documents come back as not being valid, thus proving false paperwork. The company must give the employee a letter to the employee indicating to him were to resolve the issue along with a deadline to present the correct papers. The Human Resource Department has very legal right to terminate their employment. The downside of this case is if the Human Resource Department decided to terminate the other two employees. The organization without a doubt would have to compensate back pay and losses to the other two employees. Recall courts are only interested in the fact and the evidence plus proved beyond any reasonable doubt (Berger & Kleiner, 1990, p.84). Now, fast forward to today. The firm is growing the once family owned business has sold the organization to a large corporation. The organization is building a state of the art facility and will be under new ownership. Therefore, every employee will have to re-apply for some positions as well as update the new information with the new
There has been many laws and regulations passed, to try and prevent illegal migrants from working in the United States. In all states, businesses “Are required by federal law to check the legal status of all new hires. They must fill out federal form 1-9 to show that each worker holds federally acceptable residency documents, like a driver’s license or social security card” (Speizer 1). Although they must do all of those things, they are not required to check the authenticity of the documents. In Arizona that has all changed, a new law has been passed that makes it mandatory for all employers to participate in E-Verify “in which information from 1-9 documents can be checked through databases at the Social Security Administration or the Department of Homeland Security” (Speizer 2). This used to be something businesses could voluntarily partake in, but has now become mandatory in Arizona. Under this law they have created harsh punishments for employers who knowingly hire undocumented migrants. One of these harsh punishments includes the loss of the employer’s business license, if it is a reoccurring issue. They hope that this new law will decrease the amount of undocumented workers in the state and create more jobs for their own U.S. citizens.
The literal definition of the word “redemption” is the act, process, or an instance of redeeming (forgiven). When I as a human being think of redemption I think of it as a way to accept, forgive and move on after an instance of extreme, usually emotional, infliction. When we think of this in terms of prison, humans are put into isolation where they are given ample time to logically think of these trespasses and how they are paying for it with their lives. At the same time these people are doing very manual labor while getting ‘paid’ very little in order to redeem themselves to hopefully regain some rank again in society. In life where most of us live outside walls redemption comes in many different forms, although not all as painful.
The second objective, toughening enforcement, proposed to close the doors on undocumented immigrants and reduce their accessibility to work. Section 112 detailed the fines and imprisonment that would be imposed upon anyone who transported undocumented immigrants into the U.S. Further sections detailed tougher border control and restrictions on visa applications. The expectation was that the changes would deter immigrants from attempting to cross the border by making it too great of a hassle. Section 101 introduced an enforcement mechanism that required employers to have legal documentation for its employees; it further describes the sanctions for those employers that chose to knowingly employ undocumented immigrants. Politicians reasoned that making work less available would diminish one of the greatest incentives for
One of the most controversial topics today in politics is what to do about illegal immigration in the United States. Should we consider all of the illegal immigrants felons? Should we give them full citizenship rights? These are all important questions related to illegal immigration. In 1986, the Immigration Reform and Control Act made it illegal for employers to knowingly hire undocumented workers and imposed fines of up to $11,000 for each violation. Recently, the United States House of Representatives passed a bill, entitled H.R. 4437 (The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005). Just recently, due to massive overpopulation, the problem of illegal immigration is really starting to be taken
In the United States of America there are an estimated 11 million illegal immigrants currently residing in the U.S. Many industries depend heavily on immigrant labor , legal and illegal, to achieve productivity. The construction industry, nationally , employ at a fast rate about 1,000,000 illegal immigrants; almost one in five illegal immigrants work major industries. (Passel,2006). Immigrant reform will undoubtedly reduce the supply of illegal immigrant by encouraging enforcement of current laws by creating new legislation with harsher penalties for illegal immigration. The enforcement of the new laws will allow for industries to allow employers to recruit and hire foreign born workers only with signs of identification. However for the industries
Bill Clinton passed the Illegal Immigration Reform and Immigrant Responsibility Act in 1996 in America. The original purpose behind this act was an effort by Congress to improve and strengthen U.S. immigration laws through improving border control (LII, 2010). This act gives the government the ability to deport any immigrants who have resided in the United States unlawfully for less than 365 days or who have committed a crime. According to LII, this act also established regulations for employment eligibility with sanctions on both the employee and employer. If a business was caught employing without eligibility verification in agreement to these guidelines they received a high pension and immigrants were detained for deportation.
According to the Legal Arizona Workers Act, which is also sometimes referred to as the “Employer Sanctions Laws,” came into effect on 1st January, 2008 (Legal Arizona Workers Act, n.d.). This act basically forbids and disallows the businesses from knowingly or deliberately engaging the illegal alien or the unauthorized alien after December 31st, 2007. Under this statue an unauthorized alien can be defined as the alien who do not have the legal rights and privileges or the authorization under the federal law to work under the United States (Legal Arizona Workers Act, n.d.). The case explains to be excused from the NLRB authority as an opinionated and political divisions and subdivision of the state, the employer must moreover, be produced unswervingly by the state in order to constitute and comprise a department or an organizational
In 1986 The Immigration Reform and Control Act (IRCA) was signed into law by President Reagan. The law was envisioned to amend the Immigration and Nationality Act to update and reform the immigration laws. The bill attempted to make both sides of the aisle happy by giving funding to border patrol and creating a pathway to citizen for illegal immigrants. At the time in the country there was an increased concern about illegal immigration while balancing the need for cheap labor in the economy. The bill provided temporary resident status for aliens who resided continuously and lawfully in the United States prior to January 1, 1982 (Summary, 1989). After 18 months it allowed those temporary residents to become permanent residents if they showed
Was the Rectronstruction of the United States really as affetcive as we all think? The end of the Civil War brought profound changes to the United States. The Reconstruction changed some things, but it did little regarding political turmoil and racial equality. In the end, the government established black suffrage, but this reform proved insufficient to remake the South or to guarantee human rights.
Arizona SB 1070 also known as the Support Our Law Enforcement and Safe Neighborhoods Act, was signed into law April 2010 as an attempt to regulate immigration at the state level. This bill was passed to support the Legal Arizona Worker Act (LAWA), passed in July 2007. S.B 1070 and LAWA’s main objectives were to drive unauthorized workers from Arizona. Proponents of the bills argued this would provide an abundance of employment room for U.S born citizens. While the bills succeeded in driving out unauthorized workers, they unintentionally damaged their economy and labor market. A report by Bohn, Lafstrom and Raphael found the population of unauthorized immigrants fell by more than 90,000 due to LAWA. However, the same report found that low-skilled white workers experienced a statistically significant drop in employment and likely became unemployed or exited the labor force as a result (Bohn, Lafstrom and Raphael, 2014). There are various explanations to this counter intuition. First, E-Verify mandates by the state were inefficient and costly. Second, increased labor demands in construction and agriculture and were unanswered, leading to deadweight loss. Lastly, the bills assumption of an increase in jobs as a result of deportation was by annulled by the lump labor fallacy.
IRCA was also intended to penalize employers who hired illegal immigrants. If no one hired undocumented workers, they would stop coming. This too was riddled with fraud however. “The easy availability of fraudulent documents had also severely undermined the government’s ability to show the “knowing” hire of unauthorized workers” (Meissner 6). Though a national ID system has been talked about, it has not come to fruition, and not only because of the cost. People on both sides, employers and employees alike, have stated that this could lead to more discrimination and racial profiling, and can be used against any undocumented worker as a threat (Echaveste 11).
The new guidance from USCIS creates a dilemma for employers who on the one hand are prohibited from hiring illegals and on the other hand are required to accept documents uniquely issued to undocumented immigrants.
Illegal immigration is the hot button this election year in Arizona. As the fight to pass new law rages on, other states are watching and eager to follow suit. The focus is on federal laws already in effect and how state and local officials should have the ability to enforce these laws. Arizona strives to make illegal immigration a crime vs. a violation. Parts blocked by Judge Bolton include making it a crime to be without proof of citizenship, and it would also be a crime for an illegal immigrant to apply for or accept work. Passed into law are tougher sanctions on employers who hire illegal immigrants. Many Arizonians are in favor of reducing the illegal population but the question remains what is in the best interest of American society. Tougher sanctions on employers are necessary to stop the overflow of illegal immigrants crossing the borders. In passing this new legislation it makes it unnecessary for Arizona to make it a crime for illegal immigrants to apply for and accept work. It is reasonable to enforce federal law requiring legal aliens to carry documentation; however it does not need to be elevated to a criminal offense.
A family trip to the sister family in US, I learned something valuable, US. The superiority of life and the education system, while staying in US. I learned that US. Education system is one of the best in the world, and I wanted to study more. Of course, while I’m studying, I wanted to see my children to become a competent person in US. Education.
An earlier law that prohibited employers from hiring illegal workers was the Immigration Reform and Control Act, which was passed by congress in 1986. This act created penalties for employers who knowingly hire illegal immigrants. However, illegal workers have found a way to counter this by obtaining fake Social Security numbers and green cards, which can be purchased easily in most immigrant neighborhoods for a small fee. These false documents allow employers to claim ignorance if caught hiring an illegal worker. This also means that the illegal workers are paid the same way as other workers, along with tax deductions. In an article appearing in Generations magazine entitled Not on the Radar: Illegal Immigrant are Bolstering Social Security, author Eduardo Porter provided the following statistic, "The