THE Immigration Reform and Control Act of 1986 provided for the imposition of civil and criminal penalties for hiring aliens not authorized to work by the DHS. The following comments are directed primarily to the basic record keeping requirements each employer must meet for each employee hired since November 6, 1986. Overall, the Public Law 99-603 imposed civil and potential criminal penalties upon any employer who fails to verify the proper working status of any employee hired by requiring the following:

1. Every employer and new employee must complete and sign Form I-9, called Employment Eligibility Verification.

2. Every employer must obtain from and verify the documents of the employee to establish identity and employment eligibility. The list of documents can be obtained from Form I-9.

3.Form I-9 must be kept by the employer for 3 years after the date of hiring or for 1 year after the employment is terminated, whichever is later.
4.Every employer must furnish Form I-9 for inspection to any DHS or DOL officer within 3 days after such a request is given to the employer.

Employers normally become liable if:

1. They knowingly hire an unauthorized alien

2. They hire anyone without verifying employment status within the first 3 days of employment

3.After hiring anyone in accordance with the new law, they continue that employment knowing one is or has become unauthorized to work

4.They obtain the services of an alien by contract, subcontract, or exchange knowing the alien is unauthorized to work