Immigration Reform: Status of Implementing Employer Sanctions After Second Year   [open pdf - 4MB]

"This is the second of three annual GAO reports required by Section 101(a) of the Immigration Reform and Control Act of 1986. The act prohibits employers from knowingly hiring unauthorized workers. Noncompliance can result in penalties (sanctions). The act requires us to review the implementation and enforcement of employer sanctions for the purpose of determining if such provisions have been carried out satisfactorily, have caused a pattern of discrimination against U.S. citizens or other eligible workers, and have caused an unnecessary regulatory burden on employers. Since the act has not yet been fully implemented, this report presents information on actions to date. In addition, we discuss several methodological problems that may preclude us from making conclusive determinations on these matters in our next report. […] The general approach INS used during the second year to continue educating employers while increasing enforcement is satisfactory. INS could, however, improve its efforts to determine employer compliance. […] During the second year INS continued to educate employers while increasing enforcement. On the basis of the employer survey, GAO estimates that about 22 percent were not aware the law was passed. For those aware of the law, as many as 20 percent did not clearly understand the law's major provisions."

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