“ICE reports that during the three quarters of FY 2007 alone, ICE has obtained criminal fines, restitutions, and civil judgments in excess of $30 million.”
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IMMIGRATION UPDATE
25% Higher Civil Fines Against Employers for Immigration Violations
By Christopher W. Olmsted, Esq.
On February 22nd, U.S. Attorney General Michael Mukasey announced higher civil fines against employers who violate federal immigration laws.
The announcement was made in a joint briefing with Secretary of Homeland Security Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase 25%, or by as much as $5,000. According to a DOJ press release, the new rule will take effect on March 27, 2008, and will be published in the Federal Register in the near future.
Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud.
Of more concern to employers is the fact that Immigration and Customs Enforcement (ICE) has dramatically increased the amounts of criminal fines and forfeiture over previous years of administrative fines alone. ICE reports that during the three quarters of FY 2007 alone, ICE has obtained criminal fines, restitutions, and civil judgments in excess of $30 million.
More Legal Update articles.
Download entire March Legal Update in PDF format.
This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2008 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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