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Higher Immigration Violation Fines - Just Announced

08/20/08

On Friday, February 22, 2007, Attorney General Michael B. Mukasey approved higher civil fines against employers who violate federal immigration laws. Also approved by Secretary of Homeland Security Michael Chertoff, the new rule will increase fines by as much as $5,000. The new rule will take effect on March 27, 2008.

Currently, under IRCA, for knowingly hiring or continuing to employ an undocumented worker, an employer can face fines of: (1) $275-$2,200 for each undocumented individual; (2) $2,200-$5,500 for each undocumented individual, if the employer has previously been in violation; and (3) $3,300-$11,000 for each undocumented individual, if the employer was subject to more than one cease and desist order.

Under the new regulation, the minimum penalty for knowing employment of an undocumented worker will increase from $275 to $375.  Some of the higher civil penalties will increase by $1,000. For example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase under the rounding mechanism raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.

How can you protect your business?

The Federal government offers the E-Verify service, a voluntary Internet-based system that allows employers to verify the employment eligibility of their newly hired employees. The E-Verify system can quickly verify for an employer that the information on an I-9 form is correct. Currently, E-Verify has over 53,000 users with 18,000 new users being added each week.

Even if registered with E-Verify, Federal law requires employers to complete an Employment Eligibility Verification Form I-9 for each employee. The ComplyRight Employer’s Guide to I-9 Compliance & Immigration Laws from G.Neil simplifies immigration compliance and includes best practices from employment attorneys.