Question

how can immigration reform improve on holding employers accountable for breaking laws

Answer 1

Immigration Reform and Control Act (IRCA) was signed by the Ronald Reagan, the then president as on Nov.6, 1986. It was a very important event in the policy of immigration in order to link immigration enforcement to unauthorized immigrants registration The main aim of the people related with this Act is to bring up more protection in the border and to levy penal for those officials who appoint for job, unauthorized immigrants. The objective of the Act passed in 1986 mainly focus on amendment, revision, reassessment of reputation of those unauthorized immigrants assigned in the Immigration And Nationality Act.

When this act was passed into a Law, the major outcome was the impact on the immigration laws of US which had been prevailing there for several years. The new Act IRCA restricts or it prevents the employers from recruiting any alien who does not have any kind of authorization.

Employers utilized the status of immigration of workers who did not have proper documents with them in order to keep them as their employees and that the employers did not comply with the Law and Rules as per the Act before so many years. An employer can fire an employee without documents for no reason and the employer would not be accountable for any kind of legal violations. There was no need to pay back the wages. But a Senate Bill has been passed and two provisions are there in order to safeguard the workers who have been tremendously exploited by the employers. The key provisions are:

• U visas: This provision leads with sufferer of the criminal activities. For such workers who have been facing heavy abuses in workplace, violation of protection, exploitation etc, U visas have been available in case of workers without documents who suits a legal complaint regarding these activities. The importance of this visa is that such a visa will give the workers a temporary status which is legal and give an opportunity to  register for permanent residency.
• Supreme Courts decision in the case of Hoffman Plastics Vs NLRB : As per this case, the workers without proper documents are not allowed for wages to be paid back in the past. But as per this case thus law was changed by the Supreme Court's decision. Such workers are entitled to such a back pay and if he attain legal status through U visa, he can be reappointed to his old job also. As these workers get these rights through the Supreme Court decision, they will help Government through whistle blowing by showing the employers who violate immigration laws for rising there profitability.

These provisions are still in the Senate Bill and did not become Law as if now. If these provisions become law, then it will be a boon to workers in America as it capture the holding employers accountable.