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I-9 E-Verify Immigration Compliance

I-9 Violations Cannot be Alleged by a Complainant in Discrimination Complaint

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By: Bruce Buchanan, Sebelist Buchanan Law

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In Sapre v. Dave S.B. Hoon – John Wayne Cancer Institute, 12 OCAHO no. 1305 (August 2017), an employee alleged the Respondent discriminated against her because of her citizenship status and national origin, retaliated against her, and committed document abuse, thereby violating the antidiscrimination provisions of the Immigration and Nationality Act, 8 U.S.C. § 1324b (2012). In a procedural decision, OCAHO denied a Motion for Default Judgment.

In so ruling, OCAHO denied Complainant’s request that the ALJ inquire into the employer’s alleged Form I-9 errors. OCAHO reiterated that the employer sanctions statute, 8 U.S.C. § 1324a, and accompanying regulations, “do not authorize a private individual to file a complaint directly with an Administrative Law Judge alleging violations in completion of the Form I-9, which is unlawful pursuant to § 1324a(a)(1)(B)” (quoting de Araujo v. Joan Smith Enters., Inc., 10 OCAHO no. 1187 (2013).

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