Immigration Reform And Control Act (IRCA)

As a matter of public policy, an employer shall not be required to be reinstate an unlawfully terminated employee when the employee is an illegal alien. If an employer was to have to reinstate an illegal alien, they would be violation of the Immigration Reform and Control Act. In 1986, the Immigration Reform and Control Act (IRCA) passed in order to prohibit employers from knowingly hiring, recruiting, or referring for a fee any alien who is unauthorized to work (“Immigration Reform”, n.d.). The IRCA, signed under President Ronald Reagan, also allowed those employees to be given a pathway to citizenship (Rojas, 2013). The act penalized employers who knowingly hired those illegal alien without a legal work permit (Rojas, 2013). The act was meant to strengthen …show more content…
Supreme Court’s decision in the case of Hoffman Plastic Compounds v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L.Ed.2d 271 (2002), Mr. Castro was fired for his organizing activities, which he was unlawfully terminated (“Undocumented Workers”., n.d.). “The National Labor Relations Board, the agency that administers the NLRA, ordered the employer to cease and desist, to post a notice that it had violated the law and to reinstate Mr. Castro, and to provide him with back pay for the time he was not working because he had been illegally fired (“Undocumented Workers”., n.d., p. 5.).” In the Court proceeding it was stated that Mr. Castro was an illegal alien who had used false documents to his employer (“Undocumented Workers”., n.d.). The Supreme Court ruled that under the IRCA, against the ruling of the National Labor Relation Board, the Court denied back pay to undocumented workers, because back pay would compensate the illegal aliens for work they were unlawfully performing (“Undocumented Workers”., n.d.). “Additionally, the Court noted that the employer was not getting off scot-free because it was still subject to the cease and desist order as well as the notice order” (Rice, 2002, para.