02/27/2008
by the NFIB Legal Foundation
The U.S. Department of Justice has significantly increased civil fines for employers who break immigration laws effective March 27, 2008. Under the new rule, which was jointly announced by DOJ and the Department of Homeland Security, civil fines will increase by as much as $5,000 and range from $2,000 to $16,000 per employee. Employers should take note of the new fines and make sure they comply with all immigration laws and regulations.
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.
Non-fraudulent paperwork violations carry fines as heavy as $1,100, so employers should be extremely careful that paperwork is in good order. Employers may also be fined $1,100 for failure to notify the Department of Homeland Security if they cannot confirm an employee's legal ability to work.
To help verify work status, the federal government is encouraging employers to sign-up for E-Verify, an Internet-based system operated by DHS in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is currently voluntary at the federal level, though DHS is considering making E-Verify mandatory for federal contractors. Additionally, several states require certain employers to use E-Verify. Business owners should consult with an employment or immigration attorney for additional questions about E-Verify requirements.
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. For more information regarding your rights and duties as an employer, please visit the DHS Web site.
