- Written by Jizell Lopez
Last March, the United States Department of Justice (“DOJ”) launched an investigation against the Washington Potato Co. (“the Company”) in response to claims the Company violated federal immigration law by asking work-authorized non-U.S. citizens at its vegetable processing plant to present specific documents (e.g., employment authorization records or green cards) to verify their work eligibility, but did not ask U.S. citizens to provide similar documentation.
The Immigration and Nationality Act’s (“INA”) anti-discrimination provision prohibits employers from demanding that employees submit different or unnecessary documents based on the employee’s citizenship, immigration status, or national origin. This means, when an employer requests documents for Form I-9 purposes, the employer may not ask for any specific or additional documents. Employees must be allowed to provide acceptable documents.
- Written by Hannah Fortin