Recently, one of our immigration lawyers sent us an update about a situation where a prospective employee couldn’t provide proper documentation for his I-9. The form of ID provided was an Allodial American National Identification Card, which is not an accepted form of identification listed on the I-9 instructions — and “Native American” is not a federally recognized tribe.
She noted that applicants are not required to present social security cards for I-9 purposes, but they still must meet the requirements in some manner. This has been confirmed in the courts — in El v Keel, Montu H. Tum-Re-El, a self-proclaimed member of the Yamassee Tribe of Native Americans” and a Native American “Nuwaubian Moor,” filed a civil rights action against employees and executives of the Charter One and Citizens Banks, alleging discrimination on the basis of his national origin.
Per the filing, Tum-Re-El stated he had been denied the opportunity to receive $200 by opening an account at Charter One after the Bank refused to accept the identification presented during his account opening interview. He had first presented “a Moor-American Right to Travel card,” which the bank rejected, and then offered an “Allodial American National Identification Card,” which was also unsuitable to the bank. Tum-Re-El had no I-9 certified documentation and was therefore not allowed to open an account.
In its filing, the judge noted, “the plaintiff’s complaint must be dismissed…because it does not allege a plausible claim of national origin discrimination. Federal courts have consistently held that national origin protection does not apply to native-born individuals, like the plaintiff, who claim to be affiliated with a tribal government purportedly existing independently of any federally recognized Indian Tribe.”
The case is an interesting one. Readers who wish to explore further . This case has since been used as precedent in subsequent cases, so the situation is clear. Prospective employees must provide federally listed documentation for their I-9 forms. Furthermore, they will at some point need a social security card so their wages can be taxed and properly documented.