The Immigration Reform and Control Act of 1986
(IRCA) bars employers from hiring individuals, including
undocumented immigrants, who are not legally entitled to work in the
Employers must verify that individuals are eligible to
work by obtaining an Employment Eligibility Verification Form, known
as Form I-9, and inspecting the required supporting documents at the
time of hiring. I-9 forms must be retained for 3 years after the worker
is hired or for 1 year after termination, whichever is longer.
IRCA also prohibits employers from discriminating in
hiring, firing, recruiting, or referring based on national origin
or citizenship status. It is also illegal to retaliate against an
employee who has filed a discrimination charge. This provision applies
to employers with four or more employees.