II. What is the basis for I-9 Employment Verification?

In 1986, Congress enacted IRCA. Central to IRCA was the creation of an employer sanctions system that requires all employers in the United States to verify the identity and employment authorization of all employees hired. Employers have become a central part of the immigration enforcement process by taking over responsibility for verifying that their employees are legally in the U.S. Shortly after the law passed, the Immigration and Naturalization Service (INS) created Form I-9, Employment Eligibility Verification, to document that the employer has met its IRCA obligations. Employers are not permitted to “knowingly hire” unauthorized individuals and properly completing the Form I-9 is the method for employers to demonstrate they lack knowledge that an employee is not eligible to be employed.

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