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“Illegal” Workers, Irca, and Employer Sanctions “Illegal” Workers, Irca, and Employer Sanctions
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The Social Security No-Match Letter: Round One The Social Security No-Match Letter: Round One
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Green Card Expiration: Round Two Green Card Expiration: Round Two
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Justice and Dignity! Round Three Justice and Dignity! Round Three
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Examining Tyson’s Motives Examining Tyson’s Motives
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Awaiting Resolution Awaiting Resolution
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The No-Match Debate Goes National The No-Match Debate Goes National
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Reconsidering Irca’s Employer Sanctions Reconsidering Irca’s Employer Sanctions
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8 Walking on Eggshells: Illegality, Employer Sanctions, and Disposable Workers
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Published:January 2016
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Abstract
This chapter discusses the Immigration Reform and Control Act (IRCA), which criminalized the act of hiring people without employment authorization and implemented a system of “employer sanctions” that would punish employers who knowingly hired illegal workers through a series of inspections and fines. While immigrants and workers' rights advocates were pleased with the IRCA's method of legalization, they were concerned that the power to verify employees' documents at whim would give employers a mechanism for discriminating injured, organizing, or “undesirable” workers. They also argued that the IRCA's employer sanctions provision would drive many workers to join the underground economy; thus, creating national insecurity, undermining everyone's civil liberties, and dividing workers from one another.
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