Potential employers should not ask you about your citizenship status because it tends to show the intent to discriminate. However, remember that asking this question is not itself illegal, but rather discriminating against you based on your answer is. The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for employers to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based on an individual's citizenship or immigration status. Additionally, the Immigration Nationality Act (INA) forbids employment discrimination based on citizenship status or national origin. Violations of the INA or IRCA can mean fines and oversight for employers. Recently, the U.S. Justice Department investigated a beef production plant’s hiring practices as to whether the plant was requiring non-citizen employees to show proof of their immigration status, but was not requiring the same of citizen employees. The production plant agreed to a $200,000 settlement before findings were made. Other conditions of the settlement include providing back pay to individuals who lost wages due to the hiring practice, and two years of compliance monitoring. After an employment offer has been made, an employer can require that you prove your employment eligibility to work in the United States. Once again, this practice should be applied to all employees to truly be free from discrimination. For more information on citizenship status discrimination in employment see our immigration status discrimination page.