Immigration Process

You would like to come to the United States and live here. Or, you are already here in the United States, and you would like to know what you have to do to become an immigrant...

Immigration Process Immigration Process
Immigration Case Review

May 12, 2010

What is the Immigration Law and Control Act?

There are many laws designed to help immigrants successfully live and work in the U.S. While in history many countries have closed their borders to immigrants, these laws are perhaps one of the fairest Acts of Congress.

That may seem to be overblown, but look at the problems we have today and compare them to what was happening. People now understand, because of the news and because of laws, most of the rules when it comes to treating new immigrants.

This is not to say immigration is always beneficial for the U.S., but it does mean fairness and equal rights are what differentiates this country.

What is the IRCA (Immigration Law And Control Act)?

First, why is treating immigrants fair beneficial for all of us?
-Immigrants bring culture, values, and unique talents to the U.S.
-Immigrants are very often valuable workers.
-Immigrants and their new culture can strengthen our own culture.
-Immigrants can bring money and jobs into the country. The myth is that all immigrants are poor and jobless.

These benefits have arguments. Immigrants can take jobs, fill college seats, and sometimes break the law. But few benefits are without downsides.

Now, the question Congress asked was how immigrants should be treated. In 1986, an Act of Congress signed by President Reagan put into motion the IRCA.

What is the IRCA?
The IRCA governs companies and how the hire, fire, recruit, or refer immigrants. if you just moved into the U.S. and have a green card, you are protected under this law. Let’s go over it in detail.

When hiring, discharging, or recruiting, employers may not:
-Discriminate based on national origin, no matter if the prospect is a U.S. citizen, national, or authorized alien
-Discriminate based on citizenship status citizens, nationals, and aliens who are permanent or temporary residents, refugees, or asylees

There is more to the laws, but in essence the IRCA governs on how employers handle workers. Of course, if someone you hire is an illegal alien, that is another matter. But you cannot discriminate based on origin or citizenship.

Another law governing employers is the I-9 Form. What is the I-9? It’s a paper which establishes how you plan to hire new employees. It’s required in order to hiring individuals, and notes how you cannot rule out permanent residents because they are not U.S. citizens.

There are many steps to this, and we’ll be going over them in the future. For immigrants, the important thing to remember is you have rights, but sometimes you have to fight for them. If you feel you’re being discriminated against because of national origin or because of your citizenship status, you have a right to appeal in court.