Legal Issues in Refugee Employment
Refugees,
asylees
and
Cuban/Haitian humanitarian
parolees
are fully authorized by the US Department of Justice to work in the
United States.
Two issues of key importance to refugees, refugee employment service
providers and employers are documentation and legal protections against
discrimination.
Refugees, asylees and Cuban/Haitian humanitarian parolees are issued an
array of
documents
by the US Department of Justice which indicate status, employment
authorization and dates and/or timeframes of validity of the
authorization documents.
The interpretation of these documents presents potential problems for
employers, who are required to evaluate such documents and maintain
records in accordance with the Immigration Reform and Control Act (IRCA)
of 1986 and regulations prescribing employment authorization
verification, data collection and retention using form I-9. Employers
need to understand:
-
how to interpret and process refugee documentation in respect to I-9 record-keeping requirements; and
-
how the law protects refugees from discrimination in connection with hiring, retention, and termination.
As a further complication, interim regulations for I-9 procedures are
currently in effect, but certain civil penalties are not currently being
assessed, pending the issuance of final rules.
Youth Co-Op advises employers to familiarize themselves with the
applicable statutes and regulations, and to keep informed regarding
possible regulatory changes.