Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders.
- The Immigration Reform and Control Act of 1986
- Required employers to attest to their employees' immigration status;
Made it illegal to knowingly hire or recruit illegal immigrants.
- Legalized certain seasonal agricultural illegal immigrants.
- Legalized illegal immigrants who entered the United States before January 1, 1982 and had resided there continuously with the penalty of a fine, back taxes due, and admission of guilt; candidates were required to prove that they were not guilty of crimes, that they were in the country before January 1, 1982, and that they possessed at least a minimal knowledge about U.S. history, government, and the English language.
When Congress passed and the president signed into law the Immigration Reform and Control Act of 1986, the result was the first major revision of America’s immigration laws in decades. The law seeks to preserve jobs for those who are legally entitled to them—American citizens and aliens who are authorized to work in the United States.
The Immigration and Naturalization Service is responsible for implementing this law. IRCA prohibits employers from knowingly hiring, recruiting, or referring for a fee any alien who is unauthorized to work. As a result of this law, all employers are required to verify both the identity and employment eligibility of all regular, temporary employees, temporary agency personnel, and student employees hired after November 6, 1986, and complete and retain a one-page form (INS Form I-9) documenting this verification.
Failure to comply with these requirements may result in both civil and criminal liability with the imposition of substantial fines ranging from $100 to $1,000 per hire, as well as possible imprisonment for a pattern or practice of noncompliance. Most importantly, failure to verify a new employee’s identity and employment eligibility will result in the termination of employment for that employee.