from a worker to prove her citizenship status, even though she had already presented sufficient proof of her permission to work. IER also found that the restaurant group’s treatment of this worker was part of a larger practice of requesting documents issued by the Department of Homeland Security, typically Permanent Resident Cards, from lawful permanent residents to prove their citizenship status, which lasted from at least March 1, 2023, to at least Sept. 1, 2023.
U.S. citizens, U.S. nationals, lawful permanent residents, those granted asylum or refugee status and other non-U.S. citizens with permission to work may legally work in the United States if they can prove their identity and permission to work.
As explained in the department’s new fact sheet , lawful permanent residents (sometimes referred to as “green card holders”) can use different types of documentation to prove their permission to work. The Immigration and Nationality Act (INA)’s anti-discrimination provision prohibits employers from asking for specific or unnecessary documents because of a worker’s citizenship, immigration status or national origin. Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.
Under the terms of the settlement, Anna Maria Oyster Bar will pay a civil penalty to the United States, train its employees on the INA’s requirements, revise its employment policies and be subject to departmental monitoring.
IER is responsible for enforcing the INA’s anti-discrimination provision. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices ; and retaliation and intimidation .
IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video . Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify), or subjected to retaliation, may file a charge