Document requirements waived for hurricane victims.

The Department of Homeland Security announced that it will not sanction employers for hiring victims of Hurricane Katrina who are unable to provide documentation normally required under Section 274A of the Immigration and Nationality Act.

DHS will not bring sanction actions against employers for hiring individuals evacuated or displaced as a result of Hurricane Katrina otherwise eligible for employment but who currently lack personal documents. U.S. employers are responsible for completing and retaining employment eligibility verification (I-9) forms for individuals they hire. This form requires employers to verify employment eligibility and establish identity through original documents presented by the employee.

As a result of the widespread damage and destruction to government facilities in the area affected by the hurricane it can be expected that many victims will be unable to apply and receive new documents in the period of time required by the employment verification rules.

Employers will still need to complete the I-9 form as much as possible but should note at this time that the documentation normally required is not available due to the events involving Hurricane Katrina. At the end of 45 days--the measure took effect on September 6--the Department of Homeland Security will review this policy and make further recommendations.