It appears that illegal immigration is now a “Right” in the eyes of the Justice Department!
The most recent Justice Department video (below,) and its accompanying statement, encourage employers to keep migrants on the payroll, even if their papers have expired. To fire them may amount to discrimination. How, you may be wondering?
The Washington Examiner Reports:
The video is shot in a dimly lit office, where two actors discuss whether their fictional company should let go of some Salvadoran employees who have failed to provide updated paperwork on their immigration status.
After a discussion about whether retaining the workers would violate the law, a woman says, “I think this is an exception to that rule,” and recommends that they contact the the Office of Special Counsel for Immigration Related Unfair Employment Practices before making any decisions.
“We want to follow the rules but we don’t want to lose these workers or discriminate against them,” she concludes. “They are too valuable.”
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.
If you are like me, you are wondering, “What exactly is the The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC)?
Here’s what I found over at Justice.gov:
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.
This federal law prohibits: 1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee, 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, 3) document abuse (unfair documentary practices during the employment eligibility verification, Form I-9, process, and 4) retaliation or intimidation.
If you feel you have suffered one of these forms of discrimination, click here to file a charge or call our Worker Hotline: 1-800-255-7688.
If you are an employer with questions about the anti-discrimination provision of the INA, call our Employer Hotline: 1-800-255-8155.
UNDERSTANDING THE LAW DID YOU KNOW?
Upon hire, Federal law requires you to establish your eligibility to work in the United States, even if you are a US citizen, by showing your employer documentation establishing your identity and eligibility to work in the United States.
Federal law protects you from employment discrimination based upon your citizenship, immigration status, or national origin. (8 U.S.C. Â§ 1324b)
The controversial Justice Department video is below, along with their brief description:
USCIS has automatically extended the validity of employment authorization documents issued under the last extension/designation of TPS El Salvador for an additional 6 months, through March 9, 2017. If you have a TPS El Salvador EAD with an original expiration date of September 9, 2016, you are covered by this automatic extension and may continue to work.