Aug 25, 2025
Discrimination based on immigration status targets people who weren't born in the U.S. — whether they're employees or job applicants. It's illegal to retaliate against someone by calling U.S. Immigration and Customs Enforcement or taking action against them because of their immigration or citizenship status.
If an employer violates any federal or state immigration-related law, the employee has the right to seek compensation.
Follow the rules of I-9 and E-Verify
When you hire someone, you're legally required to verify both their identity and their eligibility to work in the U.S. That means filling out and keeping a Form I-9: Employment Eligibility Verification for every employee.
You can grab the latest version of the form and instructions on the U.S. Citizenship and Immigration Services website. It's available in both English and Spanish — but make sure to complete the English version.
Using E-Verify is also an option. You can get help with compliance through email, phone calls, desk reviews or even in-person site visits.
Note that desk reviews are done via email and phone. They and in-person site visits offer a chance to review practices and prevent things such as misuse, privacy violations and discrimination when using E-Verify.
Use self-assessments to stay on track
E-Verify offers Self-Assessment Guides to help you evaluate how you're using the system and stay compliant. These guides can also be helpful training tools. They'll walk you through the following information:
You can find these guides on the E-Verify Resources page.
Treat all workers fairly — regardless of citizenship
Just because someone isn't a U.S. citizen doesn't mean they don't have the legal right to work here. Lawful immigrants must be treated just like U.S. citizens when it comes to employment. This includes workers who:
You can't use a person's immigration status as a reason to deny them opportunities or benefits. That means no discrimination can be present in regard to the following scenarios or details:
Also, make it clear in your workplace: Telling someone to "go back to your country" is unacceptable and won't be tolerated.
The laws that are designed to protect workers
There are specific laws in place to protect workers from citizenship or immigration status discrimination.
Title VII of the Civil Rights Act of 1964
The Immigration and Nationality Act
Filing a discrimination claim
If someone feels they've been discriminated against, they can file a complaint in one of two ways:
The EEOC and IER will work together to make sure the complaint gets to the right place, even if it was filed with the wrong agency initially.
Employees also have the right to hire an immigration status discrimination attorney. Depending on the situation, resolving the case could take a few months — or a few years if both sides need time to reach a fair settlement.
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