Policy Briefs

This report explores the successes and failures of various attempts to create an employment verification system that reliably establishes an employee’s eligibility to work since the passage of the Immigration Reform and Control Act in 1986. Through this analysis, the author evaluates the effectiveness and potential contributions of the current system and seeks to inform proposals for future initiatives.

This policy brief examines the flaws in the United States’ existing employer sanctions regime and proposes six types of reform that could strengthen the system: improvements to document security, document consolidation, mandatory use of employment databases, increased enforcement staffing, a revised penalty structure, and better worksite access for investigators.

This policy brief explores the often neglected migration management potential of “regularization” or “legalization” programs, arguing that properly conceived and carefully executed “earned” regularization programs can not only prevent the number and flow of unauthorized migrants from building to unacceptable levels, but can also set the stage for smarter use of enforcement resources and improvements in labor market and social policy development.

The 1986 Immigration Reform and Control Act (IRCA) was the first legislative attempt to comprehensively address the issue of unauthorized immigration. The bill included sanctions against employers for the hiring of undocumented migrants, more robust border enforcement, and an expansive legalization program that was unprecedented.