DINAP BULLETIN NO. 87-07
DINAP BULLETIN 87-07 Effective: August 11, 1987 - (n/a)
Directive:
DINAP BULLETIN 87-07
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: Expiration Date:
August 11, 1987 None Given
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.
