Understanding Immigrant and Employee Rights in U.S. Workplaces

Federal civil rights and immigration laws provide important protections against discrimination for workers in the United States, including many immigrants and non‑citizens who are authorized to work. These laws also impose clear responsibilities on employers when hiring and verifying work authorization. This guide explains those protections, the agencies that enforce them, and practical steps workers and employers can take to safeguard lawful immigrant and employee rights.

1. Why Immigrant and Employee Rights Matter

Employment is often a core part of the immigration journey. When workers are treated unfairly because of their citizenship, immigration status, or national origin, the harm goes beyond a single job: it can affect economic security, family stability, and community trust in government institutions. Congress responded to these risks in part through the Immigration and Nationality Act (INA), which includes both employer sanctions for hiring unauthorized workers and specific anti‑discrimination protections enforced by the Department of Justice’s Immigrant and Employee Rights Section (IER).

At the same time, other federal labor and civil rights laws—such as those enforced by the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and the U.S. Department of Labor—protect many workers regardless of their immigration status. Together, these systems aim to ensure that employers comply with hiring rules without using them as a pretext for discrimination.

2. Key Legal Protections for Immigrant and Other Workers

Several types of protections apply to workers affected by immigration or citizenship issues. The exact coverage depends on the worker’s status, the size and type of employer, and the specific law.

2.1 Citizenship and Immigration Status Discrimination

The INA’s anti‑discrimination provision generally prohibits certain employers from treating people differently in hiring, firing, recruitment, or referral for a fee because of their citizenship or immigration status. Covered workers typically include:

• U.S. citizens and U.S. nationals
• Lawful permanent residents (with some timing conditions for recent arrivals)
• Refugees and asylees

Under this provision, workers cannot generally be:

• Rejected for a job that they are qualified and authorized to perform solely because they are not a citizen
• Fired because of their citizenship or immigration status when they remain authorized to work
• Subjected to threats, intimidation, or retaliation for complaining about such discrimination

There are limited exceptions when a law, regulation, executive order, or government contract explicitly restricts certain positions to specific citizenship categories—such as some sensitive national security roles.

2.2 National Origin Discrimination

National origin discrimination involves unfair treatment because of a person’s place of birth, ancestry, accent, or perceived ethnic background. Both the INA and federal civil rights laws prohibit this type of discrimination in many employment contexts.

Examples of prohibited conduct include:

• Refusing to hire a qualified applicant because of their foreign accent, when the accent does not materially interfere with job duties
• Assigning workers of a particular nationality only to lower‑paid or more dangerous positions
• Harassment based on stereotypes about a person’s country of origin or ethnic group

The EEOC primarily enforces national origin discrimination laws under Title VII of the Civil Rights Act, while IER addresses certain national origin discrimination in hiring, firing, and recruitment for smaller employers that fall under the INA’s anti‑discrimination provision.

2.3 Protection from Unfair Documentary Practices

When employers verify work authorization using Form I‑9 or tools like E‑Verify, they must follow strict rules designed to prevent discrimination.

Employers may not:

• Ask for more or different documents than the law requires because of a worker’s citizenship, immigration status, or national origin
• Refuse documents that reasonably appear genuine and relate to the worker
• Direct workers to present a particular document (for example, insisting on a green card from all non‑citizens)

These actions are often described as “unfair documentary practices” and can violate the INA’s anti‑discrimination provision.

3. Responsibilities of Employers During Hiring and Verification

Employers must navigate two simultaneous obligations: they must confirm that every employee is authorized to work in the United States, and they must avoid discriminatory practices while doing so.

3.1 Form I‑9: Balancing Compliance and Non‑Discrimination

Under federal law, most employers must complete Form I‑9, Employment Eligibility Verification, for each new hire, regardless of citizenship status. The process includes reviewing documents that establish identity and work authorization.

In this process, employers must:

• Give workers the complete Form I‑9 and instructions, including the list of acceptable documents
• Allow the employee to choose which acceptable documents to present
• Accept documents that reasonably appear genuine and relate to the person presenting them
• Apply the same standards to all employees, regardless of national origin or citizenship status

Employers should avoid record‑keeping or verification practices that single out particular groups, as such practices can be evidence of discrimination.

3.2 E‑Verify and Anti‑Discrimination Rules

Some employers use E‑Verify, an electronic system that checks information from Form I‑9 against government databases. Even when E‑Verify participation is voluntary or mandated by contract or state law, employers must still comply with federal anti‑discrimination protections.

Key expectations include:

• Using E‑Verify only after an employee has accepted a job offer and completed Form I‑9
• Applying E‑Verify consistently to all new hires in the covered category, not just immigrants or people with foreign‑sounding names
• Following proper procedures when a tentative nonconfirmation (TNC) occurs, including giving the employee a chance to contest it

4. The Role of the Immigrant and Employee Rights Section (IER)

The Immigrant and Employee Rights Section (IER) of the Department of Justice’s Civil Rights Division enforces the anti‑discrimination provision of the INA. Previously known as the Office of Special Counsel for Immigration‑Related Unfair Employment Practices, IER investigates and prosecutes certain types of discrimination related to immigration status and national origin.

4.1 What IER Enforces

IER focuses on four main areas:[10]

• Citizenship status discrimination in hiring, firing, recruitment, or referral for a fee
• National origin discrimination in hiring, firing, recruitment, or referral for a fee (for covered employers)
• Unfair documentary practices during Form I‑9 and E‑Verify
• Retaliation and intimidation against individuals who assert their rights or assist in IER investigations

IER can investigate charges filed by workers, witnesses, or other affected individuals, and can pursue settlements or litigation that may result in back pay, civil penalties, policy changes, and training requirements for employers.

4.2 How IER Interacts with Other Agencies

IER is one piece of a broader enforcement landscape that includes:

• USCIS (U.S. Citizenship and Immigration Services), which administers immigration benefits and provides guidance on employer verification obligations
• EEOC, which enforces federal laws against employment discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information
• NLRB, which protects most private‑sector employees’ rights to organize and engage in collective activity regarding working conditions, regardless of immigration status

In many situations, a worker may have claims that involve more than one agency. For example, a worker could face national origin harassment (EEOC) and unfair documentary practices during the I‑9 process (IER) at the same employer.

4.3 Quick Comparison of Agencies

5. Practical Guidance for Workers

Workers who experience discrimination or unfair documentary practices often feel they must stay silent to protect their jobs or immigration status. Federal guidance emphasizes that workers can seek help, and that retaliation for asserting protected rights is unlawful.

5.1 Recognizing Warning Signs

Workers should pay attention to patterns such as:

• Job postings that broadly exclude non‑citizens when the job does not legally require citizenship
• Employers demanding specific documents only from immigrants or people with foreign‑sounding names
• Being fired or demoted shortly after raising concerns about or reporting discrimination to a government agency
• Threats to “call immigration” when workers organize, complain about pay, or refuse illegal demands

While each case is fact‑specific, these signs may indicate potential violations of the INA’s anti‑discrimination provision or other labor laws.

5.2 Steps Workers Can Take

If you believe you have experienced discrimination based on citizenship, immigration status, or national origin in hiring or firing, federal resources suggest the following general steps:

• Keep written notes of what happened, including dates, names, and any witnesses
• Save relevant documents such as emails, letters, or job postings
• Contact IER’s worker hotline or visit its website for information on filing a charge under the INA’s anti‑discrimination provision
• Consider contacting the EEOC if the discrimination involves broader civil rights issues like harassment or discrimination based on race, religion, or sex
• Reach out to legal aid organizations, worker centers, or unions experienced in immigration and labor rights for additional support

Strict time limits often apply to discrimination charges, so it is usually important to act promptly.

6. Practical Guidance for Employers

Employers who understand their obligations can reduce legal risk and build a more inclusive workplace. Government agencies provide significant technical assistance and training resources to help employers comply with both verification laws and anti‑discrimination rules.

6.1 Building Non‑Discriminatory Hiring Policies

Many compliance issues can be prevented by adopting clear, written policies. Good practices include:

• Using neutral job criteria focused on skills and qualifications, not immigration status, unless a law requires restrictions
• Training human resources personnel on Form I‑9 rules and anti‑discrimination obligations
• Ensuring that recruitment and referral practices do not exclude protected workers based on citizenship or national origin
• Documenting hiring decisions based on legitimate, non‑discriminatory reasons

6.2 Responding to Worker Concerns

Employers should take complaints about discrimination seriously and respond in ways that do not discourage workers from exercising their rights. Recommended strategies include:

• Creating accessible internal complaint procedures
• Promptly reviewing concerns about unfair documentary practices or discriminatory postings
• Consulting with legal counsel or relevant government guidance when in doubt
• Avoiding any action that could be viewed as retaliation, such as sudden schedule cuts or threats, after a worker raises a rights‑related concern

When employers discover mistakes in their verification practices, working with knowledgeable counsel and, where appropriate, engaging with agencies like IER can help address problems before they escalate.

7. Frequently Asked Questions (FAQs)

7.1 Does immigration status ever affect whether I have workplace rights?

Many core labor protections apply to workers regardless of immigration status, including rights related to organizing, fair pay, and safety, though immigration status may affect available remedies in some situations. However, the INA’s anti‑discrimination provision specifically protects certain categories of work‑authorized individuals, such as U.S. citizens, lawful permanent residents (with conditions), refugees, and asylees, from citizenship status discrimination.

7.2 Can an employer ask if I am a U.S. citizen?

Some federal forms or legally restricted positions legitimately ask about citizenship. But employers covered by the INA’s anti‑discrimination provision generally may not prefer U.S. citizens over equally qualified non‑citizens who are also work‑authorized, unless a law, regulation, executive order, or government contract requires that preference.

7.3 Is it discrimination if my employer insists I show a green card?

If you are a non‑citizen authorized to work and you present another valid combination of acceptable I‑9 documents, an employer generally must allow you to choose which documents to show. Insisting on a specific document because of your citizenship or immigration status can constitute an unfair documentary practice.

7.4 What if I am afraid my employer will contact immigration if I complain?

The INA’s anti‑discrimination protections prohibit employers from threatening to contact immigration authorities to intimidate or retaliate against workers for asserting their rights or participating in an investigation. Agencies such as IER and NLRB have policies designed to prevent immigration‑related retaliation from undermining enforcement of labor and civil rights laws.

7.5 Who do I contact if I am not sure which agency handles my problem?

Workers can start by contacting IER or reviewing its public materials, which often explain whether a situation may fall under its jurisdiction. If the issue relates more to general discrimination, the EEOC may be appropriate; if it involves organizing or collective action about working conditions, the NLRB may be involved. Legal aid organizations and worker advocacy groups can also help direct you to the right agency.

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medha deb

 

Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

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