Immigration Violation Paper

The Immigration Reform and Control Act of 1986 clearly states that the hiring of illegal aliens in the United States is not prohibited and if an employer does hire and illegal alien, there will be ramifications. In this case, the employer was not made aware of the illegal status of the employee until after a settlement had been agreed upon between the employer and the NLRB. Therefore, “if an employer unknowingly hires and unauthorized alien, or if the alien becomes an unauthorized worker during the employment, and the employer learns that the alien is an unauthorized worker, the employer is required to discharge the worker from employment” (Fuqua, 2009, p. 214). Under the federal and state laws regarding immigration, the employer should not prohibit the hiring or promoting the reinstatement of illegal aliens because it is a clear violation of the laws set forth in this country. Due to the circumstances in this case and the clear intent of the IRCA, I do not think it is possible for the court to enforce the voluntary settlement agreement between the employer and the NLRB without violating any immigration laws. The IRCA is clear in its intent for …show more content…
With that being said, all the actions that were taken by the illegal alien are not protected under the law of the United States and due to the illegal status of citizenship, the entire reasoning behind the voluntary settlement would be considered secondary in comparison to the hiring of an illegal alien. If the court ruled on the voluntary settlement before addressing the illegal alien situation, then it would be unethical since the hiring of an illegal alien caused the voluntary settlement to arise. Therefore, the court should address the main legal breach before addressing a secondary legal breach that was caused by the main