Immigration Reform and Control Act

For undocumented workers in the United States, the Immigration Reform and Control Act is one of the most important laws existing at the federal level. While the law makes it illegal for employers to hire undocumented workers, in doing so, it provides some indirect protections for illegal immigrants seeking to work in Texas and other states around the country.

The Immigration Reform and Control Act is also notable for what it doesn’t say. Most importantly, it does not exclude undocumented workers from the protections of state law. This has allowed states like Texas to enact laws that protect undocumented workers. In Texas, undocumented workers have the right to file for workers’ compensation benefits; and, if their employers do not participate in workers’ compensation, they can file personal injury claims for full financial compensation.

Employers’ Obligations Under the Immigration Reform and Control Act

Under the Immigration Reform and Control Act (IRCA), it is illegal for employers in the United States to hire undocumented workers:

“It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States . . . an alien knowing the alien is an unauthorized alien . . . [or] an individual without complying with the [employment verification requirements under the law].”

It is also illegal for employers to continue to employ workers who they hire legally but later discover to be undocumented:

“It is unlawful for a person or other entity, after hiring an alien for employment . . . to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.”

Violations of the Immigration Reform and Control Act can be prosecuted as a criminal offense, and employers who repeatedly hire undocumented workers can face substantial fines and federal imprisonment.

How the Immigration Reform and Control Act Protects Undocumented Workers

In many cases, employers will try to use the Immigration Reform and Control Act to deny undocumented workers’ claims for work injury compensation. They will tell their employees that they are not employed legally, and therefore they are not entitled to the legal benefits of employment.

However, this is not the case. If your employer is trying to use the Immigration Reform and Control Act to deny your workers’ compensation claim, your employer is trying to take advantage of you. The IRCA does not exclude undocumented immigrants from claiming workers’ compensation. In fact, the IRCA is intended to protect undocumented workers by preventing employers from taking advantage of their undocumented status. As stated above, Texas law protects undocumented workers’ rights to seek financial compensation for their job-related injuries; and, if your employer is trying to use the IRCA against you, you should discuss your case with an attorney as soon as possible.

San Antonio Work Injury Lawyers for Undocumented Immigrants

Our attorneys provide experienced and compassionate legal representation for undocumented workers in South Texas. If you have been injured at work and would like to speak with an attorney, you can call (210) 308-8811 or contact us online for a free consultation.