You have the responsibility to avoid unlawful employment discrimination against workers based on citizenship or immigration status. Citizenship status includes a person’s current or prior immigration status. For example, an employer can’t have a policy of only hiring U.S. citizens unless a law, regulation, government contract, or executive order requires the employer to limit the specific position to U.S. citizens. An employer that believes a certain position requires it to hire someone with a specific citizenship or immigration status should carefully review the legal support for the requirement and this part of the law. This is rare and doesn’t apply to the vast majority of jobs. Another example is when employers reject U.S. worker applicants because of a preference for temporary visa workers.

In general, this means you can’t treat individuals differently in:

  • hiring,
  • firing, or
  • recruitment or referral for a fee

because of their citizenship or immigration status.

Your employees who file charges with the Immigrant and Employee Rights Section (IER), cooperate with an IER investigation, oppose what they reasonably believe are violations of the law that IER enforces, or otherwise assert their own or others’ rights under the Immigration and Nationality Act’s (INA) anti-discrimination provision are protected from intimidation, coercion, threats, and retaliation.

Questions? We’re here to help.

We are committed to helping you understand your responsibilities as an employer. Many questions about your responsibilities may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors:

The U.S. Department of Justice Civil Rights Division’s IER enforces the anti-discrimination provision of the INA, which prohibits employers from discriminating against U.S. citizens and other work-authorized individuals based on their citizenship status or national origin. For free guidance, contact IER’s Employer Hotline. Calls can be anonymous, and language assistance is available.

  • 1-800-255-8155
  • 1-800-237-2515 (TTY)

E-mail IER at IER@usdoj.gov. Visit IER’s website at www.justice.gov/ier.

Learn about IER