It has increasingly put United States employers at risk for both civil and criminal penalties, financial ruin and work force shut downs. This act has created a nightmare for businesses because of conflicts between the EEOC and the INA Regulations. Under INA Regulations, the employer must determine the validity of the applicants right to work in the United States by use of the I-9 Form and identification provided by the applicant. The EEOC Guidelines and The Right to Privacy Act prohibit employers from seeking the requisite information the INA calls for because it is illegal to ask prospective employees where their place of birth is, their country of origin, or questions related to their gender or birth. Obviously, this is not a foolproof method.
Employers have few options and many illegal aliens with good fraudulent papers are hired.
Then through a quirk of fate , they are discovered to have fraudulent documents. Additionally, employers are faced with the loss of employees who have been trained, are productive, and often key to the company s productivity. The Immigration Subcommittee of the Federal Issues Committee will initiate legislation that will alleviate injustices and inconsistencies now imposed on employers who are conscientiously attempting to comply with current law.