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Directive:

DINAP BULLETIN 87-07


Status: Cancelled

Subject:
The Immigration Reform and Control Act of 1986

Purpose:
To provide grantees with information on the Immigration Reform and Control Act of 1986 and copies of the "Handbook for Employers."

To

All Native American Grantees

From

HERBERT FELLMAN PAUL A. MAYRAND Chief Director Division of Indian and Native Office of Special Targeted American Programs Programs

Date

August 11, 1987

Expiration Date

Ongoing.

Rescissions:    None.
Text :
Reference. None. Background. The Immigration Reform and Control Act (IRCA) of 1986, Public Law 99-603, amended the Immigration and Nationality Act by adding provisions relating to the control of illegal immigration. A major provision of this Act will permit the legalization of aliens who were in the U.S. illegally prior to January 1, 1982. In addition, alien farmworkers who performed seasonal agricultural services for at least 90 days in the 12-month period ending May 1, 1986 may apply for U.S. residency. The IRCA prohibits these newly legalized aliens from receiving most Federal assistance, such as social security and aid to families with dependent children, until they have been legalized for 5 years. The major exceptions to this exclusion are certain education programs and the Job:Training Partnership Act (JTPA). Also, such individuals may be eligible for unemployment insurance. Another major provision makes it unlawful to hire, recruit or refer for a fee, unauthorized aliens for employment in the United States. The statute also requires employment eligibility verification of all new employees to prevent the employment of unauthorized aliens. Implications for JTPA. It is expected that the new legislation will affect JTPA entities in at least three ways. First, since JTPA Section 167(a)(5) has excluded individuals who were not authorized to work, the number of persons eligible for JTPA programs will increase, significantly in some areas. Illegal aliens may now apply to the INS for legalization. Upon submittal of applications to INS, many of these individuals will now be authorized to work in the United States and to participate in specified Federal programs, including JTPA. Specific services, such as English-as-a-second language training, may be needed by many of these individuals. Second, the employment eligibility of each worker will have to be verified by the employer, using an INS-specified form, the I-9. Where the JTPA program serves as the employer, as is the case for many summer youth and work experience programs, the JTPA program would have to verify employment eligibility. Employers determined to have failed to comply with the employment verification requirements may be subject to a civil penalty of not more than $1,000 for each individual for whom such a violation occurred. Employers who knowingly hire unauthorized aliens may be subject to a fine of up to $2,000 for the first violation and up to $10,000 for subsequent violations. At the outset, verifying employment eligibility may be a problem, particularly for those grantees that conduct summer youth employment and training programs (SYETP) in 1987. All employment beginning on or after June 1., 1987 will have to have the necessary INS employment eligibility verification. In instances where there may be a question regarding who is the youth's employer, all possible employers should maintain a copy of the I-9 and supporting documentation. This would especially be true of summer youth participants where the grantee is paying the youth and a public or private non-profit entity is providing the work site. In such situations, either entity, the grantee or the work site entity in the example above, may complete the I-9 and provide the other with a copy (and supporting documentation) to maintain. In all cases both entities should be aware of where the original I-9 and supporting documentation are being maintained. This should be worked out locally. Both entities may, of course, complete an original I-9. Third, as a matter of practice, the JTPA system should ascertain for each participant being referred to employment that the individual being referred has produced, or can produce the documentation necessary to verify employment eligibility. While this is not required of the JTPA system, it would be prudent since verification by employers is required for all new employees after June 1, 1987. Under the new rules, State employment service (ES) agencies have the option to establish verification procedures. where State ES certification is provided, the employer is not required to complete Form I-9. Otherwise, the employer is responsible for verification. Note that, in general, verification must be completed in three days from time of employment. Even if verification is not completed within 3 days, it should be completed as soon as possible thereafter. Good faith efforts to comply with these new requirements will be a major consideration by the INS when reviewing compliance. For an individual who has lost or not yet obtained a document for either identity or work eligibility purposes, the individual is required to present a receipt for application for the document within 3 days and present the required document itself within 21 days. The verification process is accomplished by use of the Form I-9. Attached is a copy of the "Handbook For Employers," which includes the I-9 form and instructions. Additional copies may be obtained from INS offices. Action. Grantees should carry out the instructions in this bulletin and the attached "Handbook for Employers." Questions. Consult your DINAP Federal Representative or the nearest office of the Immigration and Naturalization Service.

Attachments :
"Handbook-For Employers," published by the INS. For a copy of the attachment, please contact Brenda Tollerson at (202) 219-8502.




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