Background: Immigration Control & Employment Regulations
editUndocumented immigrants have been considered a source of low-wage labor, both in the formal and informal sectors of the economy. However, in the late 1980s with an increasing influx of un-regulated immigration, many worried about how this would impact the economy and, at the same time, citizens. Consequently, in 1986 congress enacted the Immigration Reform and Control Act (IRCA) “in order to control and deter illegal immigration to the United States” resulting increasing patrolling of U.S. borders.[1] Additionally, IRCA, implemented new employment regulations that imposed employer sanctions, criminal and civil penalties "against employers who knowingly [hired] illegal workers.” [2] Prior to this reform, employers did not have to worry about the legal status of employees, thus for the very first time, this reform "made it a crime for undocumented immigrants to work" in the United States.[3] Raising the topic of employment illegality for undocumented immigrants.
Additionally, thereafter, the “Employment Eligibility Verification" document or I-9 form, was then used by employers to “verify the identity and employment authorization of individuals hired for employment in the United States." [4] While this form is not to be submitted unless requested by Government officials, it is required that all employers have an I-9 form from each of their employees, which they must be retain for three years after day of hire or one year after employment is terminated. [5]
- A citizen of the United States
- A noncitizen national of the United States
- A lawful permanent resident
- An alien authorized to work
- As an "Alien Authorized to Work," the employee must provide an "A-Number" present in the EAD card, along with the expiration day of the temporary employment authorization. Thus, as established by form I-9, the EAD card is a document which serves as both an identification and verification of employment eligibility. [4]
Conccurrently, the Immigration Act of 1990 “increased the limits on lawful immigration to the United States," [...] "established new nonimmigrant admission categories," and revised acceptable grounds for deportation. Most importantly, it brought to light the "authorized temporary protected status" for aliens of designated countries. [1]
Through the revision and creation of new classes of nonimmigrants, qualified for admission and temporary working status, both IRCA and the Immigration Act of 1990 provided legislation for the regulation of employment of noncitizen.
The 9/11 attack brought to the surface the weak aspect of the immigration system. In the 21st Century, post 9/11 United States intensified its focus on interior reinforcement of immigration laws to reduce "illegal immigration" and to identify and remove criminal aliens in effort to prevent another terrorist attack. [6]
Temporary Worker: Alien Authorized to Work
editUndocumented Immigrants, are individuals in the United States without lawful status. When this individuals qualify for some form of relief from deportation, individuals may qualify for some form of legal status. In this case, temporarily protected noncitizens are those who are granted "the right to remain in the country and work during a designated period." Thus, this is kind of an "in-between status" that provides individuals temporary employment and temporary relief from deportation, but it does not lead to permanent residency or citizenship status. [3] Therefore, an EAD should not be confused with a legalization document or be considered synonymously of permanent or citizenship status. The EAD is given, as mentioned before, to eligible noncitizens as part of a reform or law that gives individuals temporary legal status.
Types of "Temporarily Protected" Noncitizen Statuses (Eligible for EAD)
edit- Temporary Protected Status (TPS)
- Under TPS, individuals are given relief from deportation as temporary refugees in the United States. Under TPS individuals are given protected status if found that “conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster”. This status is granted typically for 6 to 18 month periods, eligible for renewal unless the individual's Temporary Protected Status is terminated by USCIS. If withdrawal of TPS occurs, the individual faces exclusion or deportation proceedings. [7]
- Deferred Action for Childhood Arrival (DACA)
- DACA was authorized by President Obama in 2012, it provided qualified undocumented youth "access to relief from deportation, renewable work permits, and temporary Social Security numbers." [8]
- Currently Blocked and Awaiting Implementation: Deferred Action for Parents of Americans (DAPA): Similar to DACA, if enacted, DAPA would provide parents of Americans and Lawful Permanent Residents, protection from deportation and make them eligible for an EAD card. [9]
Temporary legal statuses granted, to otherwise undocumented immigrants, the ability to achieve socioeconomic incorporation by obtaining an EAD and receiving relief from deportation.
References
edit- ^ a b "Definition of Terms | Homeland Security". www.dhs.gov. Retrieved 2016-03-01.
- ^ Ngaio, Mae M. (2004). Impossible Subjects: Illegal Aliens and the Making of Modern America. Princeton, NJ: Princeton University Press. p. 266. ISBN 9780691124292.
- ^ a b Abrego, Leisy J. (2014). Sacrificing Families: Navigating Laws, Labor, and Love Across Borders. Stanford, CA: Stanford University Press. ISBN 9780804790574.
- ^ a b c "Employment Eligibility Verification". USCIS. Retrieved 2016-03-01.
- ^ Rojas, Alexander G. (2002). "Renewed Focus on the I-9 Employment Verification Program". Employment Relations Today. 29 (2): 9–17. doi:10.1002/ert.10035. ISSN 1520-6459.
- ^ Mittelstadt, M., Speaker, B., Meissner, D., & Chishti, M. (2011). ""Through the prism of national security: Major immigration policy and program changes in the decade since 9/11."" (PDF). Migration Policy Institute. Retrieved 2016-03-01.
{{cite journal}}: CS1 maint: multiple names: authors list (link) - ^ "§ Sec. 244.12 Employment authorization. | USCIS". www.uscis.gov. Retrieved 2016-03-01.
- ^ Gonzales, Roberto G., Veronica Terriquez, and Stephen P. Ruszczyk. (2014). "Becoming DACAmented Assessing the Short-Term Benefits of Deferred Action for Childhood Arrivals (DACA)". American Behavioral Scientist 58 (14), 1852-1872. Retrieved 2016-03-01.
{{cite journal}}: CS1 maint: multiple names: authors list (link) - ^ Capps, R., Koball, H., Bachmeier, J. D., Soto, A. G. R., Zong, J., & Gelatt, J. (2016). "Deferred Action for Unauthorized Immigrant Parents"