1986 federal law created employer sanctions

States increasingly test clause to pass own changes.

By Juan Castillo
AMERICAN-STATESMAN STAFF

Before 1986, it was against federal law to be an illegal immigrant, but not against the law to knowingly hire one.

The Immigration Reform and Control Act of 1986 changed that. It created employer sanctions for hiring someone not authorized to work in the United States, continuing to employ him or her and hiring someone without attempting to verify that person’s identity and eligibility to work legally.

Amid growing frustration with illegal immigration and with Congress unable to reach agreement on the issue, some states are trying to crack down themselves. Among the hottest areas of activity is employer verification, according to the National Conference of State Legislatures.

In 2007, 19 states enacted a total of 33 laws relating to employment issues, including verification of work authorization by employers and contractors. One such law in Texas, H.B. 1996, requires employers to certify that they do not and will not hire unauthorized workers if they are applying to receive public subsidies.

The U.S. Constitution declares that federal laws are the “supreme law of the land,â€