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Penalties for Immigration-Related Violations Continue to Rise in 2024

Posted:

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA), effective February 13, 2024.

USCIS Form I-9, Employment Eligibility Verification
USCIS Form I-9, Employment Eligibility Verification

Interestingly, the Federal Register announcement for DOJ increases also included penalties for sections of IRCA administered by the Department of Homeland Security (DHS), Immigration & Customs Enforcement (ICE). The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. The 2024 increases are much lower than the 2022 and 2023 increases due to inflation being significantly lower in 2023.

Below are the offenses with the old and new penalties:

Type

Old Penalty

New Penalty

Substantive Form I-9 violations — minimum

$272

$281

Substantive Form I-9 violations — maximum

$2,701

$2,789

Knowingly employing undocumented — 1st order

$676 to $5,404

$698 to $5,579

Knowingly employing undocumented — 2nd order

$5,404 to $13,508

$5,579 to $13,946

Knowingly employing undocumented — subsequent

$8,106 to $27,018

$8,369 to $27,894

Unfair documentary practices

$223 to $2,232

$230 to $2,304

Unfair immigration-related employment practice (discrimination) — 1st order

$557 to $4,465

$575 to $4,610

Unfair immigration-related employment practice (discrimination) — 2nd order

$4,465 to $11,162

$4,610 to $11,524

Unfair immigration-related employment practice (discrimination) — subsequent order

$6,696 to $22,324

$6,913 to $23,048

Document Fraud (USC 1324c(a)((1)-(4)) — 1st order

$557 to $4,465

$575 to $4,610

Document Fraud (USC 1324c(a)((1)-(4)) —subsequent order

$4,465 to $11,162

$4,610 to $11,524

Document Fraud (USC 1324c(a)((5)-(6)) — 1st order

$472 to $3,765

$487 to $3,887

Document Fraud (USC 1324c(a)((5)-(6)) —subsequent order

$3,765 to 9,413

$3,887 to $9,718

Prohibition of indemnity bonds

$2,701

$2,789

Employer’s failure to notify DHS of continuing to employ after final non-confirmation

$942 to $1,881

$973 to $1,942

As the penalties continue to rise, it is incumbent on all employers to pay careful attention to their I-9 forms and strongly consider conducting an internal I-9 audit in order to remediate, as much as possible, the I-9 errors. Such an internal I-9 audit may save employers substantial money if audited by ICE. Employers are advised to contact their immigration or employment counsel with questions about the above.

Posted In: Department of Homeland Security (DHS); Employment Eligibility Verification (Form I-9); Immigration & Customs Enforcement (ICE)

Want to know more? Read the full article by at Littler Mendelson

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