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I. IMMIGRATION REFORM AND CONTROL ACT OF 1986
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As required by the Immigration Reform and Control Act of 1986,
Los Angeles Hospital verifies the immigration status of each new
employee by having them complete form I-9 (Employment Eligibility
Verification) within 3 days after they are hired. Section 1 of the
form requires the employee to check one of the following three boxes
and indicate whether he is (1) a citizen or national of the U.S.;
(2) a lawful permanent resident; or (3) "an alien authorized
to work until (a date certain)". Section 2 provides for employer
verification and review of the employee’s identification and work
authorization document(s) while section 3 concerns updating and
reverification for existing employees.
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II. EXPIRATION OF GREEN CARDS
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The hospital’s new HR Director has noticed that many of the employees’
green cards are due to expire within the next few months. She is
searching for a way to avoid a mass termination of employees.
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III. EXPIRATION OF EMPLOYMENT AUTHORIZATION
DOCUMENT
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At the same time, an employee whose INS-issued Employment Authorization
Document (EAD) has expired that same day explains to the HR Director
that he is unable to renew the EAD because he has been granted lawful
permanent residence by an Immigration Judge. He presents an order
signed by the Judge granting him "suspension of deportation"
and a valid, unrestricted social security card. The Judge’s order
does not indicate that he is a lawful permanent resident nor that
he is entitled to work.
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IV. SHAM MARRIAGE TO GET GREEN CARD
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With these two problems on her mind, the HR Director sneaks out
for a long lunch with her best friend at the hospital, an employee
who happens to be a permanent resident. Her friend confides that
she obtained her green card by means of a sham marriage to a U.S.
citizen.
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V. QUESTIONS TO BE ANSWERED NEXT WEEK
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The HR Director returns to her office, takes two extra-strength
Excedrins and asks the hospital’s attorneys the following questions:
(a). Must the HR Director terminate all employees who are unable
to obtain new green cards before their present cards expire?
(b). How should the HR Director handle a situation whereby a person
with an expired green card applies to work at the hospital?
(c). Is the order of the Immigration Judge sufficient to demonstrate
the employee’s continuing eligibility to work for the hospital?
Is his social security card sufficient?
(d). Does the employee's admission that she obtained her permanent
residence by fraud give the HR Director "constructive knowledge"
that she is an "unauthorized alien" under 8 U.S.C. 1324?
If so, is the hospital obliged to terminate her or risk facing INS
sanctions?
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