UPDATE ON RECENT DEVELOPMENTS IN IMMIGRATION LAW
Immigration is a hot topic these days and many of you may be asking…
“What changes in immigration laws will affect me as a business owner?”
The good news is, the laws have not changed to date (but keep reading…there is more to this important topic!). However, there are proposed changes in Congress that would affect employers and the penalties for non-compliance. For example, the enforcement provisions that passed last December would require every employer to re-verify all current workers and to verify all new hires using the Social Security Administration and DHS online systems that in the past have been voluntary or pilot systems.
In addition, the DHS is actively pursuing illegal immigrants in many industries. Employers with long-term employees are watching them taken away in handcuffs when their I-9 support documentation has appeared legitimate. Could that happen in your business?
Following is a summary of what currently may affect you:
- The Department of Homeland Security (DHS) is now taking an active role in the enforcement of current immigration laws. The agency formerly known as INS was responsible for this task. The INS has been renamed and is now referred to as the Bureau of Immigration and Customs Enforcement (“ICE”).
- Industries recently targeted are: construction, agriculture, hospitality, garment, food processing and aircraft/aerospace.
- Penalties for noncompliance are:
a. Failure to complete I-9 forms properly can result in a penalty of $110 to $1,100 per form.
b. A first violation of knowingly hiring an illegal can result in a penalty of $275 to $2,200.
c. A second violation can result in penalties from $2,200 to $5,500.
d. Third violations can range from $3,300 to $11,000! At this stage the employer is at risk for criminal pattern or practice liability.
- Employers who knowingly steer illegal aliens to contractors (i.e. temp agencies, sub-contractors, etc.) because they can’t be hired directly, face employment liability and possible criminal sanction.
For an I-9 Audit Checklist or what to do when a government agent visits your business to conduct an audit, please call us at 714.674.0406 or write us at or .