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Beware of Oververification of Lawful Permanent Residents

April 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.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Alan W. H. Gourley
Partner – Washington, D.C.
Phone: +1.202.624.2561
Maria Alejandra (Jana) del-Cerro
Partner – Washington, D.C.
Phone: +1.202.688.3483
Kris D. Meade
Partner – Washington, D.C.
Phone: +1.202.624.2854