The Immigrant and Employee Rights Section investigates and prosecutes cases of employment discrimination under the Immigration and Nationality Act. The anti-discrimination provision of the Immigration and Nationality Act prohibits private and public sector employers from (1) discriminating in hiring, firing or recruiting because of citizenship or immigration status; (2) discriminating in hiring, firing or recruiting because of national origin (by employers that fall outside of Title VII of the Civil Rights Act of 1964); (3) engaging in unfair documentary practices (i.e., employers requesting more or different documentation than necessary to prove work authorization, or rejecting documents that reasonably appear to be genuine, because of citizenship, immigration status, or national origin); and (4) retaliating against individuals for exercising their rights under the provision.

Under the Immigration and Nationality Act’s anti-discrimination provision, injured parties may file charges with the Immigrant and Employee Rights Section. The Immigrant and Employee Rights Section is responsible for investigating such charges and litigating such claims. The Immigrant and Employee Rights Section also initiates independent investigations based on information it may obtain from a variety of sources, including charge referrals from other government agencies, or information from United States Attorney’s Offices. These independent investigations usually involve allegations of a pattern or practice of discrimination.

The Immigrant and Employee Rights Section litigates all of its cases before specially designated Administrative Law Judges in the Department of Justice’s Executive Office for Immigration Review, which is based in Falls Church, Virginia. Final decisions and subpoenas issued by an Administrative Law Judge are enforceable in United States District Courts. Appeals from those decisions are taken directly to the United States Circuit Courts of Appeal. The Immigrant and Employee Rights Section coordinates all district court actions or appearances with the appropriate United States Attorney’s Office.

When a United States Attorney’s Office receives a complaint or information falling under the Immigrant and Employee Rights Section’s jurisdiction, that office should forward the complaint or information to the Immigrant and Employee Rights Section as soon as practicable. The Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or a case should be settled, and on what terms. The Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Immigrant and Employee Rights Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

Assistant United States Attorneys should also contact the Immigrant and Employee Rights Section for technical assistance in cases involving sanctions by employers that could raise discrimination concerns under the anti-discrimination provision of the INA, including seeking assistance in determining whether terms in a non-prosecution or settlement agreement could inadvertently lead to a violation of the Immigration and Nationality Act’s anti-discrimination provision.

[updated March 2018]