Civil Penalties for Hiring Illegal Immigrant
Due to President Obama’s recent speech, there are a lot of attention on immigration issues. One of the main issue of interest is the policy on hiring immigrants. The other posts on this blog have some information on how to apply, who can apply, and how long it takes to apply for different work visa. This post will be dedicated to discussing the penalties of hiring ILLEGAL immigrants.
Illegal immigrants are loosely defined as immigrants who does not have the authorization to work in the US. This can be individuals who illegally entered the US or individuals entered the US with a visa that does not allow them to work. The punishment for knowingly hiring an illegal immigrant is set out by Sec. 274A(e)(4)(A) of the Immigration and Nationality Act (INA):
(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or
(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations.