The Arizona Law. What’s the big fuss about?

I find all the fuss the present U.S. administration is making over Arizona’s stance on illegal aliens is rather bemusing. The fact of the matter is, the Federal Government has had stricter laws dating back to 1986 on the responsibility employers have of checking the eligibility of job applicants to work in the United States.


When we began compiling information for our training materials on operating a residential cleaning business back in 1995, we included a segment on Federal and State legal employment issues. One of those issues was IRCA, the Immigration Reform and Control Act of 1986. This Act shifted the burden of compliance with INS law to employers. Unlike other laws, this one even applies to employers with as few as one employee. Failure to comply with this law can result in stiff penalties.


Here, in part are excerpts from the current HANDBOOK FOR EMPLOYERS regarding the Employment Eligibility Verification Form (I-9).


"In 1986, Congress reformed U S immigration laws These reforms, the result of a bipartisan effort, preserved the tradition of legal immigration while seeking to close the door to illegal entry The employer sanctions provi¬sions, found in section 274A of the Immigration and Nationality Act (INA), were added by the Immigration Reform and Control Act of 1986 (IRCA) These pro¬visions further changed with the passage of the Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 Employment


Employment is often the magnet that attracts individu¬als to reside in the United States illegally The purpose of the employer sanctions law is to remove this magnet by requiring employers to hire only individuals who may legally work here: citizens and nationals of the United States, lawful permanent residents, and aliens authorized to work To comply with the law, you must verify the identity and employment authorization of each person you hire, complete and retain a Form I-9 for each em¬ployee, and refrain from discriminating against individu¬als on the basis of national origin or citizenship (See Part Four for more information on unlawful discrimination ) Form I-9 helps employers to verify individuals who are authorized to work in the United States You should com¬plete a Form I-9 for every new employee you hire after November 6, 1986


Employers must retain completed Forms I-9 for all employees for 3 years after the date they hire an employee, or 1 year after the date employment is terminated, whichever is later. These forms can be retained in paper, microfilm, microfiche, or electronically.


The Homeland Security Act of 2002 created an executive department combining numerous federal agencies with a mission dedicated to homeland security On March 1, 2003, the authorities of the former Immigration and Naturalization Service (INS) were transferred to three new agencies in the U S Department of Homeland Security (DHS): U S Citizenship and Immigration Services (USCIS), U S Customs and Border Protection (CBP), and U S Immigration and Customs Enforcement (ICE) The two DHS immigration components most involved with the matters discussed in this Handbook are USCIS and ICE USCIS is responsible for most documentation of alien employment authorization, for Form I-9 itself, and for the E-Verify employment eligibility verification program ICE is responsible for enforcement of the penalty provisions of section 274A of the INA, and for other immigration enforcement within the United States


Hiring or continuing to employ unauthorized aliens


If DHS determines that you have knowingly hired un¬authorized aliens (or are continuing to employ aliens knowing that they are or have become unauthorized to work in the United States), it may order you to cease and desist from such activity and pay a civil money penalty as follows:


1. First Offense: Not less than $375 and not more than $3,200 for each unauthorized alien;


2. Second offense: Not less than $3,200 and not more than $6,500 for each unauthorized alien; or


3. Subsequent Offenses: Not less than $4,300 and not more than $16,000 for each unauthorized alien.


DHS will consider you to have knowingly hired an unauthorized alien if, after November 6, 1986, you use a contract, subcontract or exchange, entered into, renegotiated or extended, to obtain the labor of an alien and know the alien is not authorized to work in the United States. You will be subject to the penalties set forth above.


Failing to comply with Form I-9 requirements


If you fail to properly complete, retain, and/or make available for inspection Forms I-9 as required by law, you may face civil money penalties in an amount of not less than $110 and not more than $1,100 for each violation.


In determining the amount of the penalty, DHS consid¬ers:


1. The size of the business of the employer being charged;


2.The good faith of the employer;


3.The seriousness of the violation;


4.Whether or not the individual was an unauthorized alien; and


5.The history of previous violations of the employer.


To get copy of the Employer’s Handbook on this issue and download a copy of the I-9, please visit http://www.uscis.gov/files/form/m-274.pdf

Again, I ask you:  What's all the fuss about now?  Arizona might consider suing the Federal Government for interference with its right to enforce it's own long-standing laws.