General counsel are responsible for helping their companies balance countervailing mandates under immigration law: verifying employment eligibility while not discriminating unlawfully. With the recent implementation of the Deferred Action for Childhood Arrivals (DACA) program, which gives work authorization to those who establish that they were in the United States without authorization, GCs are sure to face implementation questions from managers. This article provides guidance on handling both responsibilities.
Employers must verify the employment eligibility of every new employee hired after Nov. 6, 1986, using Form I-9. Violations of this law can trigger potentially large civil fines and even criminal penalties and injunctions for pattern or practice violations. Liability also can arise from the failure to complete and retain I-9 forms properly (referred to as "paperwork" violations).
