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Beware of Oververification of Lawful Permanent Residents

Apr.25.2014

On April 24, 2014, the Department of Justice announced the settlement of a discrimination claim against the supermarket chain Mexico Foods LLC, aka El Rancho Corp., alleging, in part, that El Rancho's practice of requiring employees who are lawful permanent residents to present new employment eligibility documents once their permanent resident cards had expired violated anti-discrimination provisions of the Immigration and Nationality Act. The settlement serves as a reminder that, although an employee's permanent resident card may expire, the lawful permanent resident status does not, rendering re-verification of cards unnecessary -- even for ensuring the person remains a "U.S. person" for purposes of U.S. export control laws-- and exposing employers who engage in the practice to potential liability for discrimination.


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Alan W. H. Gourley
Partner – Washington, D.C., London
Phone: +1 202.624.2561 , +44.20.7413.1342
Email: agourley@crowell.com

Maria Alejandra (Jana) del-Cerro
Associate – Washington, D.C.
Phone: +1 202.624.2843
Email: mdel-cerro@crowell.com

Kris D. Meade
Partner – Washington, D.C.
Phone: +1 202.624.2854
Email: kmeade@crowell.com