If an employer discovers that a current employee previously violated 8 U.S.C. 1324c(a) by supplying false Immigration status documents at the time of hiring, but the employee has, since the time of that prior Misrepresentation, achieved lawful immigration status (through Marriage), does the employer have a continuing affirmative duty to report the previous violation to immigration authorities?
State/Country relating to question: California
Preliminary legal research on labor/employment law rights of undocumented workers. Can't find any authority on whether current "legalized" status moots prior "illegal" status which was unknown to employer until employee came forward with "I'm legal now, so I can tell you I wasn't previously".
The employer needs to update and correct the I-9 to reflect the correct and current lawful status. The employer does not need to do anything further.
To summarize, then, it is no violation of IRCA for employer to continue to employ currently "legal" employee, even if employer has later learned of previous period of "illegal" employment status.
In the reverse, to discriminate against a now lawfully employable employee would be problematic for the employer. Update the I-9 with the current information.
Experienced immigration attorney.
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