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IRCA Anti-Discrimination Amendments of 1990

T-GGD-90-51 Published: Jun 27, 1990. Publicly Released: Jun 27, 1990.
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Highlights

GAO discussed proposed immigration antidiscrimination legislation. GAO found that: (1) there was a substantial amount of discrimination as a result of the Immigration Reform and Control Act (IRCA); (2) education and reform would help reduce discrimination; (3) the proposed legislation retains the verification and sanctions system while seeking to reduce its discriminatory impact; (4) the proposal fails to address improvements needed in the IRCA verification system; (5) the legislation would extend antidiscrimination protection to seasonal workers who obtain temporary resident status under IRCA; (6) the legislation would require the establishment of Special Counsel regional offices in five specified cities; and (7) little purpose would be served by extending existing IRCA reporting requirements.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should change any mandate for further GAO reports concerning IRCA-related discrimination to omit the current language from IRCA that: (1) specifically requires GAO to determine whether a widespread pattern of discrimination exists which has resulted solely from employer sanctions; and (2) triggers expedited procedures for repeal of sanctions on this basis.
Closed – Not Implemented
Congress has not addressed this recommendation and, after 2 years, probably will not.
Congress should ensure that any bill language leaves GAO discretion to determine what methodology and criteria to use for its final report and how to characterize its findings based on the information and methodologies developed.
Closed – Not Implemented
Congress has not addressed this recommendation and, after 2 years, probably will not.
If there are to be further reporting requirements for GAO, Congress should make those requirements consistent with the draft bill language.
Closed – Not Implemented
Congress has not addressed this recommendation and, after 2 years, probably will not.

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Topics

NoncitizensEligibility determinationsEmployment discriminationImmigration and naturalization lawImmigrationLaw enforcementPostemployment restrictionProposed legislationSanctionsDiscrimination