The strange Immigration Law Its Im...

The strange Immigration Law Its Impact forward Workers and Unions

The immigration law that Congres passed last year look fors to accomplish two goals extended sought by the trade union movement

undivided objective is to reduce the be molten of illegal immigration that has press downed wages in many parts of the United States, added to unemployment and allowed employer to exploit workers make liable to deportation if reported to immigration officials.

The modern law seeks to accomplish this from imposing penalties on employers who hire illegal aliens. At the same time, it strengthens anti-discrimination remedies in an effort to hinder employers from turning away piece of work applicants of Hispanic appearance who are legal residents of the United States.

The other labor-supported goal is a legalization program that makes it possible for a large portion of illegal aliens already in the United States to obtain legal status that will make them eligible for employing After a waiting period, they will be able to run after the pattern of earlier generations of immigrants from all through the whole extent of the world and apply for citizenship.

The legislation Congres passed was a compromise, which in a areas fell short of labor's goals. yet the AFL-CIO considers it important that parts affected by the law and the unions that give an account of them have accurate information about its many times complex provisions.

At AFL-CIO President Lane Kirkland's asking the federation's Legal Dept. prepared this Question-and-Answer explanation of the law's principal features:

EMPLOYER SANCTIONS

Q: What is prohibited?

A: --to hire, or to recruit or respect for a fee, an alien known to the employer the recruiter, or the referrer not to be legally authorized to work in the United States;

--to hire, or to recruit or consign for a fee any someone without checking the required documents (listed below);

--after hiring an alien lawfully (that is, complying with the requirements above), to continue to intrust with an agency that person after learning that the alien is not, or is no longer legally authorized to work in the US;

--to use a contract or subcontract or swap to obtain the labor of an alien known not to be legally authorized to work in the U (that is, to attempt to evade the ban upon "hiring' by using a contract, a subcontract, or a swap arrangement)

Q: Are all employer covered?

A: Yes

Q: When does the prohibition fare into effect?

A: Technically, November 6 1986 was the effective date if it were not that until June 1, 1987, there will be no enforcement; that period is to be used for education of the public and dissemination of the necessary forms for use on employers, recruiters and referrers for a pay Additionally, during the 12 month beginning with June 1987 and nothing else a citation (a warning) will be issued for any person's or organization's first violation.

[NOTE: here, as elsewhere, there are special masterships for seasonal agricultural work, all of which will be described below in the section in succession that subject.]

Q: Is it a violation of this law to continue to use an unauthorized alien hired before this law was enacted?

A: No.

Q: Which aliens are legally authorized to work in the US?

A: An alien who has lawful permanent resident status, and any other alien with special authorization from the Immigration and Naturalization Service (INS), either in the form of a visa or a certain number of other document.

Q: What are the document-checking requirements that must be met by means of one who hires, or recruits or points for a fee?

A: First, the employer etc must state forward a form, under penalty of false swearing that the eligibility of the bodily form being employed, recruited or referr has been verified at examining specified documents. secondary the person hired, etc., must also swear to his/her eligibility onward a designated form. And third, the employer etc must retain the form(s) for 3 years or (in the case of hiring) until 1 year after the profession is terminated if that date is later.

The documents to be checked must point out to both authorization to work and identity:

near documents show both:

--a U passport,

--a certificate of U citizenship or of naturalization, a foreign passport bearing the Attorney General's authorization to work,

--a resident alien card or other alien registration card that bears the person's photograph, or

--some other means of identification that has been approved in the Attorney General's regulations and that point out tos authorization to work in the US

The do job-work applicant need show only single in kind of these.

If none of the documents listed above is available, the employer etc must examine undivided each of two kinds of documents.

Category one--those that will point out employment authorization:

--a social security card.

--a U birth certificate or certificate of nationality, or any other document that the Attorney General approves in the regulations that he must issue subject to these provisions.

Category two--documents that will exhibit identity:

--a driver's license or other identification document issued by the agency of a state so long as it contains the person's photograph or other personal identifying information okayed by dint of the Attorney General, or