Under the 1986 Immigration Reform and Control Act, employers are subject to certain document retention and reverification responsibilities. These include, but are not limited to, maintenance of records to insure objective classification in case of discrimination claims. Having files that are consistent in nature to insure they all have the same data included is essential.

Many employers face the possibility of encountering Social Security compliance, Labor Department compliance, Citizenship and Immigration Services compliance issues which can trigger an immigration related document review by the government. In addition, litigation regarding wrongful discharge or national origin discrimination can be minimized.

Employers who fail to comply with the Act may be subject to penalties for prohibited practices. Such penalties include, but are not limited to, civil penalties, criminal penalties, unlawful discrimination penalties and/or civil document fraud. If an investigation by the federal authorities reveals that an employer has knowingly hired or knowingly continued to employ an unauthorized alien, or has failed to comply with the employment eligibility verification requirement with respect to employees hired after November 6, 1986, they may be further subject to penalties. These penalties may include fines, criminal prosecution or ceasing prohibited employment practices.

A mere paperwork violation of the Act can result in an employer being fined up to $1,000.00. Multiple violations arising out of the same paperwork result in multiple fines. Not having knowingly employed an undocumented worker did not immunize Disneyland from a $260,000.00 fine for apparent paperwork violations in 1994. “Knowing violations,” or attempts to cover up or “amend” faulty paperwork after notification of a government audit can, and has, led to even larger fines.