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The Immigration Reform and Control Act (IRCA) was enacted in 1974 to provide assistance to the Immigration and Naturalization Service (INS) in identifying those persons who were in the United States illegally. In effect, the IRCA makes all employers, including institutions of higher learning, part of the INS enforcement process by denying employment to those persons who lack appropriate documentation and by requiring employers to maintain records of documentation for those persons hired. Basically, the IRCA makes it unlawful for a person to knowingly hire or recruit an unauthorized alien for work, or to refer such a person for a fee. It also prohibits hiring someone without complying with the IRCA documentation requirements (IRCA, § 1324a (1) (A) and B)).

The Homeland Security Act of 2002 ...

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