Estates warned not to act as immigration police
Wasserman said an estate may require identification, passports or permits as part of an access-control system, but the legal line is crossed when trustees or security guards begin deciding what those documents mean or whether someone has a legal right to work in the country.
But deciding whether a permit allows its holder to perform specific work, checking immigration status against databases or maintaining a list of people classified by an estate as illegal would stray into functions reserved for the state.
An estate that knowingly issues staff credentials or takes steps to facilitate an undocumented person’s work could therefore create legal risk.
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