ICE To Issue Amended Regulations Today Relating to the Unlawful Hiring or Continued Employment of Unauthorized Aliens
As we go to print with this week's issue of HR Issues Update, SHRM staff has just returned from a White House briefing where the Department of Homeland Security (DHS) announced two regulatory actions relating to unlawful hiring or continued employment of unauthorized aliens.
In short, here's what we know:
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Later today, the U.S. Immigration and Customs Enforcement (ICE) agency will issue a final rule, an advanced copy of which is available HERE, amending the legal obligations of an employer when the employer receives a no-match letter from the Social Security Administration or a letter regarding employment verification forms from DHS. This final rule, in part, also describes "safe harbor" procedures an employer can follow in the event the employer receives either type of letter from the government.
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Also today, a proposal will be announced to amend the Federal Acquisition Regulation (FAR) to require all federal contractors to use the Electronic Employment Verification System (formerly known as the Basic Pilot Program) to confirm the work eligibility of all new hires as a condition of contract eligibility.
SHRM is currently reviewing each rulemaking as to how it will impact HR professionals. Look for further developments on both of these issues in the August 24 HR Issues Update.