February 27, 2008
The Departments of Homeland Security and Justice have issued a final rule in the Federal Register for February 26, 2008, raising the civil penalties imposed on employers for violations of the Immigration and Nationality Act (“INA”). The rule takes effect March 27, 2008. The new higher penalties are divided into three groups that include the following:
1. Employing Unauthorized Workers and I-9 Violations (§274A of INA)
These penalties are for the knowing employment, recruitment or referral for hire of unauthorized workers and the failure to comply with the employment verification requirements relating to completing Form I-9.
2. Unfair Immigration-Related Employment Practices (§274B of INA)
These penalties cover, among other things, discrimination based on nationality or citizenship status, and refusal by an employer to accept documents listed in Form I-9, commonly known as “document abuse.”
3. Immigration-Related Document Fraud (§274C of INA)
These penalties apply to various prohibited activities, all relating to document fraud and listed in six subparagraphs at 8 U.S.C. §1324(c)(a).
These new penalties incorporate an adjustment for inflation as required under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The last adjustment was made in 1999 although relevant law requires an adjustment every four years.