Trump v. Barbara · ¶522

Despite IRCA’s ambitious aims, it failed to curb illegal immigration. The work-verification and employer-sanction system did not eliminate the strong economic incentive for illegal immigration. E. Cohen, Illegal 157 (2020). Immigrants easily forged, stole, or shared documents, like photo- less driver’s licenses and Social Security cards, to provide “verification” of identity and employment authorization to their employers. Martin 266–267. And the law supplied little reason for employers to smoke out these fraudulent documents. On the contrary, “if an employer requested additional documentation, he or she faced penalties imposed to ensure that employers did not discriminate against foreign-looking or -sounding workers.” Id., at 267. Under- enforcement of IRCA rendered its employer sanctions “nearly toothless.” Bon Tempo 306. IRCA’s increased border enforcement did not help either.…

slip opinion, revised 7/01/26
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