• New Final Rule for Employers from the Department of Justice
  • February 10, 2017
  • Law Firm: Breazeale Sachse Wilson L.L.P. - Baton Rouge Office
  • On Monday, December 19, 2016, the Department of Justice, Civil Rights Division issued a final rule revising regulations that interpret the Immigration and Nationality Act (INA). The final rule is meant to conform Department regulations and provide updates in order to ensure effective investigations of unfair immigration related to employment practices. The final rule relates to the anti-discrimination provisions of the INA as part of the Immigration Reform and Control Act of 1996 (IRCA). The law prohibits employers from discriminating against an individual because of his or her national origin or citizenship status. IRCA also created the Office of Special Counsel for Immigration Related Unfair Employment Practices (Special Counsel) to enforce the provision. The final rule does not require major changes to the Form I-9 employment authorization process. The significant revisions are as follows: incorporation of the intent requirement contained in the amended statutes; replacement of references to the Immigration and Naturalization Service (INS) with references to the Department of Homeland Security (DHS) in accordance with the Homeland Security Act of 2002; and reflection of the change in name from Office of Special Counsel for Immigration Related Unfair Employment Practices to the Immigrant and Employee Rights Section.