Which U.S. law requires employers to verify a new hire’s identity and work authorization?

The Immigration Reform and Control Act of 1986 requires U.S. employers to verify the identity and work authorization of newly hired employees.

The law introduced the federal employment-eligibility verification process documented on Form I-9. Employers must complete the required sections, and employees must present acceptable documents establishing identity and authorization to work. The system applies to citizens and noncitizens alike.

IRCA also made it unlawful for employers knowingly to hire or continue employing unauthorized workers. At the same time, it prohibited employment discrimination based on citizenship status or national origin in covered circumstances, although the law allows some job-specific exceptions.

The statute is notable because it combined employer sanctions with legalization provisions for some undocumented immigrants who met the law’s requirements. The Department of Homeland Security and the Department of Justice share major enforcement responsibilities.