Cite as "AILA InfoNet Doc. No. 99110412 (posted Nov. 4, 1999)"
Statement Of The American Immigration Lawyers Association On
Immigration Lawyers Association welcomes the EEOC guidance, which underscores that undocumented workers are entitled to basic
civil rights protections. However,
we are concerned that the EEOC's specific approach may put the vast majority of
employers who are sincerely trying to comply with the law in an untenable
position. In essence, employers now
must chose between a potential discrimination claim or
potential monetary or even criminal penalties under employer sanctions
legislation when presented with an employee whose work documentation might be
questionable. The EEOC Enforcement Guidance, as it relates to the remedies of
reinstatement, instatement, and back pay liability, is irreconcilable with the
mandates of the Immigration Reform and Control Act of 1986.
illustrates the flaws central to the employer sanctions system introduced by the
1986 act: it has failed to realize its objective of controlling U.S. borders,
compliance is enormously expensive for the business community, and it subjects
thousands of employers and legal U. S. workers to needless hardship.