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Tipsheet

DOJ: Firing Migrant Workers Wth Expired Employment Forms Is Discrimination

Mariana Barillas dug this up at The Washington Examiner. Apparently, it’s discriminatory to fire migrant workers with expired papers. Moreover, Barillas added that the Department of Justice feels that to ask migrant workers for more work authorization forms could constitute a violation of a provision within the Immigration and Nationality Act that says employers cannot give excessive demands:

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The Justice Department released a video this week encouraging companies not to terminate immigrants after their employment authorization expires, and indicated that doing so is a form of discrimination.

[…]

The video then tells viewers that the federal government has extended employment authorization by six months for people from El Salvador with Temporary Protected Status, a benefit designed to help foreign nationals who are considered unable to safely return to their home.

The Justice Department claims requesting additional work-authorization documents from these workers may violate a provision in the Immigration and Nationality Act (INA) designed to protect individuals from excessive employer demands based on their nationality.

That’s fine for El Salvador, but in general, it’s discrimination to terminate someone whose work papers have expired? The DOJ seems to be getting really creative regarding expanding what is discrimination in order to prevent companies from sending migrant workers home. Moreover, how is asking for more authorization forms for better verification an excessive burden? Shocking? Not really given what this presidency has done with immigration through executive orders, which are in legal limbo right now.

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