With the current surge in workplace immigration raids and I-9 audits, many employers may be tempted to be overly aggressive in the screening of job applicants, particularly as it relates to immigrant and Latino workers.

While failure to properly complete I-9s and ensure worker eligibility can create liability with Immigration and Customs Enforcement, if employers go too far in doing so, their actions may be deemed discriminatory by the Department of Justice’s Immigrant and Employee Rights Section (IER).

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