Thomas hires Desai, an alien, to work for his firm. When he hired Desai, he required Desai to produce the statutorily required documents demonstrating his right to work in the U.S. The documents were clever forgeries, and Desai is actually an illegal alien.

Question

Quizplus · Accepted Answer

Under IRCA (the Immigration Reform and Control Act), employers are required to verify the legal status of their employees and hire only individuals authorized to work in the U.S. The fact that Thomas required Desai to produce the statutorily required documents demonstrating his right to work in the U.S., and that the documents were clever forgeries, can be used as an affirmative defense to liability under IRCA, only if Thomas can also show that he relied, in good faith, on the genuineness of the documents. In other words, if Thomas conducted a reasonable investigation to verify the authenticity of Desai's documents, but was still deceived, he may be able to avoid liability under IRCA. However, if Thomas was willfully blind or had actual knowledge that Desai was not authorized to work in the U.S., he may still be liable for Desai's subsequent loss of the right to work.

Thomas Hires Desai, an Alien, to Work for His Firm