Question

1. Does the Immigration Reform and Control Act apply to your current (or most recent) employer? Explain.
   2. What are the consequences to an employer if it hires an unauthorized alien?
   3. In your opinion, why is this law important?
   4. Do you think the economy has a shortage of skilled workers? Please explain your thoughts fully. 

Answer

Human Resource Management

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1. Does the Immigration Reform and Control Act apply to your current employer?

            The IRCA Act does apply to my current employer. According to this Act, all employers, including my current employer, is prohibited from knowingly recruiting aliens who are unauthorized to work in the United States (Donato, Durand &Massey, 1992). If my employer contravenes this provision by hiring illegal immigrants who are not authorized to work in the country, he will be targeted by the authorities for breaking the law. To avoid this, my employer has been diligently verifying the identity as well as the employment eligibility of every employee that he recruits. This includes student employees and temporary employees who send in job applications whenever a position falls vacant at the company.

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• What are the consequences to an employer if it hires an unauthorized alien?

The consequences for employers who hire unauthorized aliens are dire. One of them is the institution of criminal and civil liability (White, Bean &Espenshade, 1990). In this case, the employer may be subjected to fines of between $100 and $1000 for every unauthorized alien hired(White, Bean &Espenshade, 1990). If the court establishes that a pattern of noncompliance has emerged, the employer may be imprisoned. Moreover, employers who fail to verify the identity of new employees automatically lose those employees through the termination of the contract.

• Why is this law important?

This law is important because it addresses the fears of many Americans regarding the rampant takeover of job opportunities by unauthorized aliens. If fully enforced, the law will discourage illegal immigrants from entering the United States (Calavita, 1989). It will also translate into a rapid increase in the job opportunities available to American citizens as well as aliens who have entered the country legally. 

• Do you think the economy has a shortage of skilled workers?

            The country has no shortage of skilled workers. This is because the American education system continues to produce as many skilled workers as it used to before the crisis of illegal immigration emerged. As the economy continued to grow, so did the capacity for the education system and corporate training centers to increase their capacity to offer professional training to more people. Moreover, globalization has enabled many companies to outsource many of their production activities to low-cost labor countries abroad. This has left many skilled Americans jobless.

References

Calavita, K. (1989).The Contradictions of Immigration Lawmaking: The Immigration Reform and Control Act of 1986. Law & Policy, 11(1) 17–47.

Donato, K., Durand, J. Massey, D. (1992). Stemming the tide? Assessing the deterrent effects of the Immigration Reform and Control Act. Demography, 29(2), 139-157.

White, M., Bean, F. &Espenshade, T. (1990). The U.S. 1986 Immigration Reform and Control Act and undocumented migration to the United States.Population Research and Policy Review,9(2), 93-116.