Since the 1980s, employers have been required to verify that new employees are entitled to work in the United States. Enforcement of the verification laws had been lax, however, until a trend in recent years that began to show large increases in "immigration raids" and other government enforcement activity to remove unauthorized noncitizens from U.S. workplaces.

Verification enforcement exposes employers to serious criminal charges and heavy fines and penalties. At the same time, however, the statutes also impose liability on employers for discriminating on the basis of national origin or citizenship status. As with documentation violations, discrimination charges similarly can lead to fines, penalties, large awards of damages, litigation expense, unfavorable publicity, and other harmful effects on a business. It can be very difficult to avoid liability for documentation violations while at the same time avoiding liability under the discrimination provisions.

Immigration E