Civil fines for employers who violate U.S. federal immigration laws
increases by 25 percent, on average, effective March 27, 2008. This
means an increase of as much as $5,000 per violation, for the most
serious category. These civil fines are being adjusted for inflation
and have not been increased since 1999.
Under the INA, employers may be fined for knowingly employing
individuals who are not employment authorized, for failure to comply
with the requirements relating to employment eligibility verification
forms, and for immigration-related document fraud. The new minimum
penalty for knowingly employing unauthorized workers is $375. The
maximum penalty for a first violation is $3,200, and $16,000 for
multiple violations. These fines are assessed on a per-employee basis;
thus, the potential exposure for many employers is substantial.
The DHS monitors and enforces workplace immigration laws through its
enforcement division - the U.S. Immigration and Customs Enforcement
(ICE). It should be noted that DHS and ICE enforcement mechanisms
against employers include not only civil fines, but potentially
criminal law charges as well as federal asset forfeitures.
In 2006, Secretary Chertoff announced a tougher approach to the
investigation and prosecution of employer violations. At the February
22, 2008 press conference, he stated that, in fiscal year 2007, ICE
made 863 criminal arrests, which included 92 individuals in managerial
or supervisory positions. DHS and ICE also made over 4,000
administrative arrests during that period.
For each of the workplace violations described above, an employer has
the right to a hearing before an administrative law judge in the U.S.
Department of Justice's Executive Office for Immigration Review. This
is similar to the procedure that allows an employer to challenge the
U.S. Department of Labor's (DOL) workplace enforcement findings and
recommended civil fines before an administrative law judge. An
employer may challenge ICE or DOL administrative subpoenas by filing
an appropriate action in federal court.
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