---
kind: "section"
citation: "28 C.F.R. § 44.200"
title: "28"
number: "44.200"
heading: "Unfair immigration-related employment practices."
url: "https://uscodex.org/cfr/28/44.200"
---

# §44.200. Unfair immigration-related employment practices.

- (a)
  - (1) **General.** It is an unfair immigration-related employment practice under [8 U.S.C. 1324b(a)(1)](/usc/8/1324b.md?p=a-1) for a person or other entity to intentionally discriminate or to engage in a pattern or practice of intentional discrimination against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
    - (i) Because of such individual's national origin; or
    - (ii) In the case of a protected individual, as defined in [§ 44.101(k)](/cfr/28/44.101.md?p=k), because of such individual's citizenship status.
  - (2) **Intimidation or retaliation.** It is an unfair immigration-related employment practice under [8 U.S.C. 1324b(a)(5)](/usc/8/1324b.md?p=a-5) for a person or other entity to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under [8 U.S.C. 1324b](/usc/8/1324b.md) or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under that section.
  - (3) **Unfair documentary practices.** It is an unfair immigration-related employment practice under [8 U.S.C. 1324b(a)(6)](/usc/8/1324b.md?p=a-6) for—
    - (i) A person or other entity, for purposes of satisfying the requirements of [8 U.S.C. 1324a(b)](/usc/8/1324a.md?p=b), either—
      - (A) To request more or different documents than are required under [§ 1324a(b)](/cfr/28/1324a.md?p=b); or
      - (B) To refuse to honor documents tendered that on their face reasonably appear to be genuine and to relate to the individual; and
    - (ii) To make such request or refusal for the purpose or with the intent of discriminating against any individual in violation of [paragraph (a)(1)](#a-1) of this section, regardless of whether such documentary practice is a condition of employment or causes economic harm to the individual.
- (b) **Exceptions.**
  - (1) [Paragraph (a)(1)](#a-1) of this section shall not apply to—
    - (i) A person or other entity that employs three or fewer employees;
    - (ii) Discrimination because of an individual's national origin by a person or other entity if such discrimination is covered by [42 U.S.C. 2000e-2](/usc/42/2000e-2.md); or
    - (iii) **Discrimination because of citizenship status which—**
      - (A) Is otherwise required in order to comply with law, regulation, or Executive order; or
      - (B) Is required by Federal, State, or local government contract; or
      - (C) The Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.
  - (2) Notwithstanding any other provision of this part, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire an individual, or to recruit or refer for a fee an individual, who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

## Notes

### Authority

Authority: 8 U.S.C. 1103(a)(1), (g), 1324b.

### Source

Source: 81 FR 91789, Dec. 19, 2016, unless otherwise noted.