Federal Law

INA Section 1324b

Immigration and Nationality Act - Anti-Discrimination Provision

8 U.S.C. § 1324b

Employer Size

4+

Filing Deadline

180 days

Extended Deadline

— days

Filing Agency

Department of Justice, Immigrant and Employee Rights Section

Overview

Section 1324b of the Immigration and Nationality Act (INA) prohibits citizenship status discrimination and national origin discrimination in hiring, firing, and recruiting or referring for a fee. It also prohibits unfair documentary practices (document abuse) during the employment eligibility verification process (Form I-9), where an employer demands more or different documents than required or rejects reasonably genuine-looking documents. The INA's anti-discrimination provision fills a gap left by Title VII for smaller employers: it covers national origin discrimination for employers with 4 to 14 employees and citizenship status discrimination for employers with 4 or more employees. The provision is enforced by the Department of Justice, Immigrant and Employee Rights Section (IER).

Key Provisions

  • Prohibits citizenship status discrimination in hiring, firing, and recruitment for employers with 4+ employees
  • Prohibits national origin discrimination for employers with 4-14 employees (complementing Title VII for larger employers)
  • Prohibits unfair documentary practices (document abuse) during the I-9 verification process
  • Prohibits retaliation against individuals who file charges, assist in investigations, or assert their rights
  • Enforced by the Department of Justice Immigrant and Employee Rights Section rather than the EEOC

Available Remedies

Back payCivil penalties ($250-$2,000 per individual for first offense, higher for subsequent offenses)Cease-and-desist ordersAttorney feesOrder to hire or reinstate the affected individual

Filing Information

Deadline

180 days from the discriminatory act

Agency

Department of Justice, Immigrant and Employee Rights Section (IER)

Eligibility Notes

  • •Citizenship status discrimination: employers with 4-15 employees (Title VII covers 15+)
  • •Document abuse (unfair documentary practices): all employers
  • •National origin discrimination: employers with 4-14 employees (Title VII covers 15+)
  • •Protects U.S. citizens, permanent residents, temporary residents, refugees, and asylees
  • •Does not protect unauthorized workers from citizenship status discrimination claims

Covers These Situations

discriminationretaliationwrongful terminationdocument abuse

Protected Characteristics

national origincitizenship statusimmigration status

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.