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NCAE Comments on Proposed Changes to I-9 Process

On October 14, 2016, NCAE submitted comments to the Department of Justice (DOJ) regarding the proposed changes posted in August of 2016. The proposed change would significantly change how claims involving allegations of unfair immigration-related employment practices are handled. The proposed changes would lower the bar for what the DOJ would need to prove an I-9 discrimination violation by an employer including the addition of new definitions of “discriminate” which would make it more difficult for an employer to defend against an allegation of disparate treatment.

To address this, NCAE’s comments on this proposed rule included the explanation that, “if a lawful permanent resident presents a “green card” to complete the I-9 process but a U.S. citizen provides a driver’s license and Social Security card (without any prompting by the employer) and both are hired and begin work immediately, there is no intent to discriminate, no act of discrimination by the employer and no harm to either employee.” Such a situation outlined in the comments would trigger sizable civil money penalties under the proposed new rule.

NCAE will continue to work with the American Farm Bureau to oppose this unwarranted change and to the enforcement of the Immigration and Nationality Act.

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