Immigration: Civil Fines About to be Increased

by Carol Hildebrand

Beginning March 27, 2008, employers will become subject to higher civil fines for the knowing hire of employees not authorized to work in the United States under the U.S. Immigration and Nationality Act. These increases are the result of inflation adjustment provisions in the Act.

An employer's first-time knowing violation will be civilly penalized with a fine of $375 to $3,200 per unauthorized alien. (Previously fine limits were $275 - $2,200.) 

A second violation for the knowing employment of unauthorized aliens jumps to a range of $3,200 to $6,500 per unauthorized alien. (Earlier limits were $2,200 - $5,500.)

When there are more than two adjudications concluding an employer has knowingly employed unauthorized aliens, the civil fines will range from $4,300 to $16,000 per unauthorized alien. (This is up from $3,300 - $11,000.)

At the same time, fines are also being adjusted for violations of anti-discrimination provisions in the U.S. Immigration and Nationality Act, which mandate that job applicants not be discriminated against on the basis of nationality or citizenship status. First tier fines will now be in the range of $375 to $3,200 per individual discriminated against. Second tier fines are being raised to $3,200 to $6,500.  Subsequent fines will range from $4,300 to $16,000.

Civil penalties for document fraud related to the employment eligibility verification process also will adjust for inflation March 27, 2008. Fines will increase 10% to a range of $275 to $2,200 for certain violations and a range of $375 to $3,200 for others. Subsequent offenses may be penalized by civil fines up to $6,500 for each fraudulent document or proscribed activity.

Employers using E-Verify, previously known as the Department of Homeland Security's "Basic Pilot Program," face a 10% civil fine increase for failure to notify the Department of Homeland Security that a new hire's tentative nonconfirmation of employment eligibility was never finally confirmed. The civil penalty range, thus, will become $550 to $1,100 for such a failure.

Sherman & Howard has prepared this advisory to provide general information on recent legal development that may be of interest. This advisory does not provide legal advice for any specific situation. This does not create an attorney-client relationship between any reader and the Firm. If you want legal advice on a specific situation, you must speak with one of our lawyers and reach an express agreement for legal representation.

© 2008 Sherman & Howard L.L.C.                                                          March 3, 2008