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Are you required to provide your employee’s immigration status?

On Behalf of | Oct 21, 2024 | US Immigration Law

Immigration is vital in farming, hospitality and food service, healthcare, construction and manufacturing. The U.S. Chamber of Commerce states that many jobs would remain unfilled even if all unemployed people took available positions. Immigration and census data show that early retirement, older workers and low net migration are the leading causes of this worker shortage.

As a business owner, you know immigrants are vital to your workforce. Even if you hire only legal immigrants, overeager officials can upset your business with work stops and ask for worker info based only on tips and hunches.

How can you guard your business from such unfair meddling?

What Illinois legislation says

The Illinois TRUST Act says that only federal agents can enforce immigration laws. Local and state authorities cannot hold someone or ask about their immigration status without a judge’s warrant or a federal agent’s order and presence.

Simply put, only a federal immigration agent or someone with a judge’s warrant can obtain a worker’s immigration status.

Under the Way Forward Act, Illinois government agencies must send yearly reports to the Attorney General’s Office about following the TRUST Act. The law also requires police training on following the TRUST Act.

Protect your workers

You have the right to shield your workers from unfair treatment and bullying. False claims and unapproved probes can hurt your business, making you lose work time and your good name. Your workers deserve your help and protection. If your workers or business faces harassment and discrimination due to unapproved immigration probes or questions, consider getting legal help.

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