Do Employment Background Checks Look at Immigration Status?

Employers often conduct background checks when hiring new employees to ensure they are making informed decisions. One common question that arises is whether these checks assess a candidate’s immigration status. This question is even more significant considering the current presidential administration’s new actions regarding undocumented migrants.

What Are Employment Background Checks?

Employment background checks typically include a variety of components designed to verify the information provided by a candidate. They often cover aspects such as:

• Criminal History: Checks for any criminal convictions.
• Employment History: Verification of past job positions and durations.
• Education Verification: Confirming educational qualifications.
• Credit History: Particularly for positions that involve financial responsibilities.

EPIS’ comprehensive approach to employment screening covers much more.

Immigration Status and Employment

In the United States, the Immigration Reform and Control Act (IRCA) mandates that employers cannot hire individuals who are not authorized to work in the country. This means that while employers cannot use employment background checks to evaluate immigration status directly, they are required to verify the eligibility of employees to work in the U.S. through the I-9 form.

The I-9 form is the primary tool used by employers to verify an employee’s identity and employment authorization. Once hired, employees must complete this form within three days of starting work. The form requires candidates to provide documentation that proves both their identity and their legal right to work in the United States. Acceptable documents include:

• U.S. passport
• Permanent resident card
• Employment authorization document
• Driver’s license along with a social security card

When Background Checks Might Intersect with Immigration Status

While immigration status itself isn’t typically a direct focus of standard employment background checks, some employers may carry out specific checks or request information that could indirectly reflect on an individual’s immigration status. For instance:

• Verification of Social Security Numbers: Some checks verify the validity of a Social Security number, which can also give insight into a person’s eligibility to work.
• Public Records: Certain background checks may reveal records that pertain to immigration issues or penalties, though these are generally not a typical part of the process.

Legal Ramifications

Employers should be aware of the following federal laws:

• Title 8 U.S.C. § 1324a(a)(1)(A) makes it unlawful for any person or other entity to hire, recruit, or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien, as defined in subsection 1324a(h)(3).
• Subsection 1324a(2) makes it unlawful for any person or 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.
• Title 18 U.S.C. § 1546(b) makes it a felony offense to use a false identification document or misuse a real one for the purpose of satisfying the employment verification provisions in 8 U.S.C. § 1324a(b).

While employment background checks do not explicitly evaluate immigration status, they are closely tied to establishing an individual’s right to work in the country. Employers must carry out their due diligence in verifying work eligibility without crossing legal boundaries or engaging in discriminatory practices.

Los Angeles Employment Background Check

Empire Pacific Investigative Services (EPIS) conducts thorough employment background checks for companies, ensuring they comply with the law. Contact us for more information.