Immigration Law Violations Now Result In Higher Penalties

Published April 7, 2008

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Employers that violate immigration law face larger civil monetary penalties, which were raised to account for inflation.  The increased penalties became effective March 27, 2008, for violations that occur on or after that date.

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) published the final rule in late February.  The amounts were calculated using a formula set forth by the Federal Civil Penalties Inflation Adjustment Act of 1990.  Since the formula is "extremely detailed" and leaves no room for discretion in setting the amounts, there was no need for a notice and comment period.

The inflation adjustment worked out to 25.35%, but due to the rounding allowed by the Adjustment Act, some increases were more than 25%, others were less.  Amounts that were being raised for the first time could only be raised 10%, the maximum the law allows for initial adjustments.

NEW PENALTY AMOUNTS

Penalties for failing to comply with the employment eligibility verification process (Form I-9) or for knowingly employing or continuing to employ unauthorized aliens have increased as follows.

• First offense: not less than $375 and not more than $3,200 for each unauthorized alien with respect to whom there was a violation (was $275 and $2,200).
• Second offense: not less than $3,200 and not more than $6,500 for each unauthorized alien with respect to whom a second violation occurred (was $2,200 and $5,500).
• Subsequent offenses: not less than $4,300 and not more than $16,000 for each unauthorized alien with respect to whom a third or subsequent offense occurred (was $3,300 and $11,000).

Penalties for document fraud (e.g., forging or altering documents for I-9 purposes) have increased as follows.

• First offense: not less than $375 and not more than $3,200 for each document that is the subject of a violation (was $275 and $2,200).
• Subsequent offenses: not less than $3,200 and not more than $6,500 for each document that is the subject of a violation (was $2,200 and $5,500).

Penalties for document fraud related to preparing, filing, or assisting others in preparing or filing falsely made or fraudulent documents have increased as follows.

• First offense: not less than $275 and not more than $2,200 for each document that is the subject of a violation (was $250 and $2,000).
• Subsequent offenses: not less than $2,200 and not more than $5,500 for each document that is the subject of a violation (was $2,000 and $5,000).

Penalties for unfair immigration-related practices (e.g., discriminating against applicants or employees based on nationality or citizenship status; refusing to accept permissible documents presented by an employee in compliance with Form I-9 requirements) have increased as follows.

• First offense: not less than $375 and not more than $3,200 for each individual discriminated against (was $275 and $2,200).
• Second offense: not less than $3,200 and not more than $6,500 for each individual discriminated against (was $2,200 and $5,500).
• Subsequent offenses: not less than $4,300 and not more than $16,000 for each individual discriminated against (was $3,300 and $11,000).

Penalties for participants in the government’s electronic employment eligibility program who fail to notify the DHS of the inability to confirm an employee’s employment eligibility are:

• not less than $550 and not more than $1,100 (was $500 and $1,000).

Related Topic(s): Hiring/IRCA - Immigration Reform and Control Act 

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