The U.S. Department of Justice's Immigrant and Employee Rights Section (IER) is actively seeking public tips regarding citizenship discrimination in hiring practices, including those related to the Permanent Labor Certification Program (PERM). Harmeet K. Dhillon, Assistant Attorney General of the Justice Department's Civil Rights Division, issued a direct call to action via social media, stating, > "We. Need. YOU!!! Send your tips on citizenship discrimination in hiring, in PERM listings etc. — to IER at USDOJ dot GOV!"
The IER, part of the Civil Rights Division, is responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b. This federal law prohibits discrimination based on citizenship status and national origin in hiring, firing, and recruitment. The call for tips underscores the department's ongoing commitment to protecting U.S. workers and other work-authorized individuals from unfair employment practices.
Recent enforcement actions highlight the IER's focus on this area. In a notable case, an IT company faced a $313,420 fine for improperly excluding U.S. citizens from job postings, specifically seeking temporary visa holders like H-1B workers. This settlement, one of nine under the DOJ's relaunched Protecting U.S. Workers Initiative, included civil penalties and back pay for the affected U.S. worker, demonstrating the tangible consequences for discriminatory practices.
The PERM process, administered by the Department of Labor, allows employers to sponsor foreign workers for permanent residency only after demonstrating that no qualified U.S. workers are available. However, employers cannot use this process to discriminate against U.S. worker applicants based on their citizenship status. The IER actively investigates instances where employers manipulate PERM recruitment to favor temporary visa holders over equally qualified U.S. candidates.
The IER encourages individuals to report any suspicious job advertisements or hiring practices that appear to unlawfully exclude U.S. citizens, lawful permanent residents, asylees, or refugees. Such discrimination can manifest as "U.S. citizen only" requirements without legal justification or preferential treatment for certain visa holders. The agency emphasizes that it is illegal to discourage U.S. workers from applying for American jobs.
