Provide a link to a legitimate website...not somebody's private little page that has simply that bit written onto it. How about a federal site? A law site? Something we can check the legitimacy of?
Hey, looky here: http://www.lawyersandsettlements.com/articles/01077/illegal-employees.html Employers who hire illegals arrested in July. Too bad you aren't their attorney! LOL. Or maybe you were...that's why they are in jail.
The google search is coming up with nothing by that name. As a matter of fact, I seem to be finding exactly the opposite to be true and I can link the law...which is extensive: http://www.oig.lsc.gov/legis/irca86.htm The law seems to state that in essence, the employer of "casual workers" isn't required to check status...HOWEVER, it doesn't imply that it is legal for that person to work. Instead of the employer being in violation, the employee is in violation. In regards to those who hire day laborers EVERY DAY for construction, they ARE in violation as these hires are not truly "casual". Instead, it's an organized dodge to attempt to get around paying taxes.
TITLE I -- CONTROL OF ILLEGAL IMMIGRATION
PART A -- EMPLOYMENT
SEC. 101. CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS.
(a) IN GENERAL --
(1) NEW PROVISION. -- Chapter 8 of title II is amended by inserting after section 274 (8 U.S.C. 1324) the following new section:
"UNLAWFUL EMPLOYMENT OF ALIENS
"SEC. 274A. (a) "8 USC 1324a" MAKING EMPLOYMENT OF UNAUTHORIZED ALIENS UNLAWFUL. --
"(1) IN GENERAL. -- It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States --
"(A) an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or
"(B) an individual without complying with the requirements of subsection (b).
"(2) CONTINUING EMPLOYMENT. -- It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
"(3) DEFENSE. -- A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
"(4) USE OF LABOR THROUGH CONTRACT. -- For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).
"(5) USE OF STATE EMPLOYMENT AGENCY DOCUMENTATION. -- For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral.
"(b) EMPLOYMENT VERIFICATION SYSTEM. -- The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:
"(1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION. --
"(A) IN GENERAL. -- The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining --
"(i) a document described in subparagraph (B), or
"(ii) a document described in subparagraph (C) and a document described in subparagraph (D).
A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of such sentence, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such a document.
"(B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT AUTHORIZATION AND IDENTITY. -- A document described in this subparagraph is an individual's --
"(i) United States passport;
"(ii) certificate of United States citizenship;
"(iii) certificate of naturalization;
"(iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney General authorizing the individual's employment in the United States; or
"(v) resident alien card or other alien registration card, if the card --
"(I) contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, and
"(II) is evidence of authorization of employment in the United States.
"(C) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION. -- A document described in this subparagraph is an individual's --
"(i) social security account number card (other than such a card which specifies on the fact that the issuance of the card does not authorize employment in the United States);
"(ii) certificate of birth in the United States or establishing United States nationality at birth, which certificate the Attorney General finds, by regulation, to be acceptable for purposes of this section; or
"(iii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
"(D) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL. -- A document described in this subparagraph is an individual's --
"(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
"(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (ii), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
"(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION. -- The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.
"(3) RETENTION OF VERIFICATION FORM. -- After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain the form and make it available for inspection by officers of the Service or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending --
"(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and
"(B) in the case of the hiring of an individual --
"(i) three years after the date of such hiring, or
"(ii) one year after the date the individual's employment is terminated, whichever is later.
"(4) COPYING OF DOCUMENTATION PERMITTED. -- Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.
"(5) LIMITATION ON USE OF ATTESTATION FORM. -- A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
"(c) NO AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS. -- Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
"(d) EVALUATION AND CHANGES IN EMPLOYMENT VERIFICATION SYSTEM. --
"(1) PRESIDENTIAL MONITORING AND IMPROVEMENTS IN SYSTEM. --
"(A) MONITORING. -- The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.
"(B) IMPROVEMENTS TO ESTABLISH SECURE SYSTEM. -- To the extent that the system established under subsection (b) is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph (3) and taking into account the results of any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2).
"(2) RESTRICTIONS ON CHANGES IN SYSTEM. -- Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:
"(A) RELIABLE DETERMINATION OF IDENTITY. -- The system must be capable of reliably determining whether --
"(i) a person with the identity claimed by an employee or prospective employee is eligible to work, and
"(ii) the employee or prospective employee is claiming the identity of another individual.
"(B) USING OF COUNTERFEIT-RESISTANT DOCUMENTS. -- If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.
"(C) LIMITED USE OF SYSTEM. -- Any personal information utilized by the system may not be made available to Government agenices, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien.
"(D) PRIVACY OF INFORMATION. -- The system must protect the privacy and security of personal information and identifiers utilized in the system.
"(E) LIMITED DENIAL OF VERIFICATION. -- A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien.
"(F) LIMITED USE FOR LAW ENFORCEMENT PURPOSES. -- The system may not be used for law enforcement purposes, other than for enforcement of this Act or sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
"(G) RESTRICTION ON USE OF NEW DOCUMENTS. -- If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to to be presented for any purpose other than under this Act (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18, United States Code) nor to be carried on one's person.