NFIB Talking Points: Updated Fines for Non-Compliance
The U.S. Department of Homeland Security has increased fines on employers for knowingly hiring illegal immigrants. The new fines will take effect March 27. Below is an outline of the old and new maximum fines.
It is important to recognize the severity of the consequences for non-compliance. For example, business owners should also be aware that the immigration fines are levied per employee, so an employer who hires 10 illegal immigrants could be liable for up to $160,000 in civil fines, on the basis of a maximum fee of $16,000 each.
Employers should take note of the new fines and make sure they comply with all immigration laws and regulations. For more information regarding your rights and duties as an employer, please visit the DHS Web site.
| Offense |
Old maximum penalty |
New maximum penalty |
| Hiring, recruiting or referring an illegal immigrant |
| First order |
$2,200 |
$3,200 |
| Second order |
$5,500 |
$6,500 |
| Subsequent orders |
$11,000 |
$16,000 |
| Unlawful employment of immigrants (per person) |
| First order |
$2,200 |
$3,200 |
| Second order |
$5,500 |
$6,500 |
| Subsequent orders |
$11,000 |
$16,000 |
| Creation, use or possession of fraudulent documents in order to satisfy requirements of immigration laws |
| First order |
$2,200 |
$3,200 |
| Subsequent orders |
$5,500 |
$6,500 |
Compliance reminder
Fines are increased for those employers who knowingly hire illegal immigrants or continue to employ them. Employers must accurately complete all eligibility documents, including the Form I-9, and may not create forged or fraudulent documents. Furthermore, employers may not engage in "unfair employment practices" with regard to immigration, such as discrimination on the basis of race or nationality.
For further information regarding I-9 compliance, please visit http://www.nfib.com/object/IO_35590.html.