New Proposed Rule Reflects Increase In I-9 Anti-Discrimination Enforcement

On August 15, 2016, the Department of Justice published a proposed rule which promises to make several important changes to the agency’s investigation and prosecution of I-9 related discriminatory activities. As many HR managers are now acutely aware, the Department of Justice (DOJ) has been aggressively pursuing employers for “unfair immigration-related employment practices” which often occur in connection with the Form I-9 and E-Verify processes. As described below, the DOJ’s proposed rule further reinforces the agency’s views about when I-9 discrimination occurs and seeks to eliminate ambiguities in the I-9 regulatory text.

Will this new rule help (or complicate) the hiring process for HR and hiring managers? And more importantly, are we now in store for additional enforcement activities?

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