Penalties For Employing Unauthorized Workers

If an employer does hire workers who are unauthorized to work in the U.S., its subjects itself to civil and criminal penalties pursuant to INA §274A(e)(4), 8 U.S.C. §1234a(e)(4).  This includes the following:

i.   Cease and desist orders;
ii.   Civil penalties for each offense for employing unauthorized workers

     a.   First offense - $275 to $2,200 for each alien
     b.   Second offense - $2,200 to $5,500 for each alien
     c.   Third or more offenses - $3,300 to $11,000 for each alien
iii.   Civil Penalties for Paperwork violations (i.e. failure to fill out and maintain I-9s correctly)

     a.   $110 to $1,100 for each I-9
iv.   Criminal Penalties for pattern and practice violations

     a.   $3,000 and/or six months in jail
     b.   ICE defines pattern and practice as ?regular, repeated, and intentional activities, but does not include isolated, sporadic, or accidental acts.? 8 C.F.R. §§274a.1(k), 1274a.1(k)

Click here for the USCIS memorandum regarding employer sanctions for employing undocumented workers or I-9 violations. 

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