Penalties for Prohibited I-9 and Employment Eligibility Verification (EEV) Practices

Penalties for Unlawful Employment

Civil Penalties
DHS may impose penalties if an investigation reveals that you knowingly hired or knowingly continued to employ an unauthorized alien, or failed to comply with the employment eligibility verification requirements with respect to employees hired after November 6, 1986. DHS will issue a Notice of Intent to Fine (NIF) when it intends to impose penalties. If you receive a NIF, you may request a hearing before an administrative law judge. If your request for a hearing is not received within 30 days, DHS will impose the penalty and issue a Final Order, which cannot be appealed.

Hiring or Continuing to Employ Unauthorized Aliens
If DHS determines that you have knowingly hired unauthorized aliens (or are continuing to employ aliens knowing that they are or have become unauthorized to work in the United States), it may order you to cease and desist from such activity and pay a civil money penalty as follows:

Failing to Comply With Form I-9 Requirements
If you fail to properly complete, retain, and/or make available for inspection Forms I-9 as required by law, you may face civil money penalties in an amount of not less than $110 and not more than $1,100 for each violation. In determining the amount of the penalty, DHS considers:
1. The size of the business of the employer being charged;
2. The good faith of the employer;
3. The seriousness of the violation;
4. Whether or not the individual was an unauthorized alien; and
5. The history of previous violations of the employer.

Enjoining Pattern or Practice Violations
If DHS/ICE or the Department of Justice has reasonable cause to believe that a person or entity is engaged in a pattern or practice of employment, recruitment or referral in violation of section 274A(a)(1)(A) or (2) of the INA which is unlawful employment of aliens, the government may bring civil action in the appropriate U.S. District Court requesting relief, including a permanent or temporary injunction, restraining order, or other order against the person or entity, as deemed necessary.

Requiring Indemnification
Employers found to have required a bond or indemnity from an employee against liability under the employer sanctions laws may be ordered to pay a civil money penalty of $1,100 for each violation and to make restitution, either to the person who was required to pay the indemnity, or, if that person cannot be located, to the U.S. Treasury.

Good Faith Defense
If you can show that you have, in good faith, complied with Form I-9 requirements, then you have established a “good faith” defense with respect to a charge of knowingly hiring an unauthorized alien, unless the government can show that you had actual knowledge of the unauthorized status of the employee.

A good faith attempt to comply with the paperwork requirements of section 274A(b) of the INA may be adequate notwithstanding a technical or procedural failure to comply, unless you fail to correct a violation within 10 days after notice from DHS.

Criminal Penalties
Engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens
Persons or entities who are convicted of having engaged in a pattern or practice of knowingly hiring unauthorized aliens (or continuing to employ aliens knowing that they are or have become unauthorized to work in the United States) after November 6, 1986, may face fines of up to $3,000 per employee and/or 6 months imprisonment.

Engaging in fraud or false statements, or otherwise misusing visas, immigration permits and identity documents

Persons who use fraudulent identification or employment authorization documents or documents that were lawfully issued to another person, or who make a false statement or attestation to satisfy the employment eligibility verification requirements, may be fined, or imprisoned for up to 5 years, or both. Other federal criminal statutes may provide higher penalties in certain fraud cases.

Unlawful Anti-Discrimination Provisions (UIREP)—Civil Penalties
If an investigation reveals that you engaged in unfair immigration-related employment practices (UIREP) under the INA, OSC may take action. You will be ordered to stop the prohibited practice and may be ordered to take one or more corrective steps, including:

1. Hiring or reinstating, with or without back pay, individuals directly injured by the discrimination;
2. Posting notices to employees about their rights and about employers’ obligations; and/or
3. Educating all personnel involved in hiring about complying with the employer sanctions and antidiscrimination laws about the requirements of these laws.

The court may award attorney’s fees to prevailing parties, other than the United States, if it determines that the losing parties’ argument is without foundation in law and fact.

Employers who commit citizenship status or national origin discrimination in violation of the anti-discrimination provision of the INA may also be ordered to pay a civil money penalty as follows:

Document Abuse UIREP—Civil Penalties
Employers who commit in violation of the anti-discrimination provision of the INA may similarly be ordered to pay a civil money penalty of not less than $110 and not more than $1,100 for each individual discriminated against.

Title VII Corrective Actions
National origin discrimination under Title VII
If you are found to have committed national origin discrimination under Title VII, you may be ordered to stop the prohibited practice and to take one or more corrective steps, including:

1. Hiring, reinstating or promoting with back pay and retroactive seniority;
2. Posting notices to employees about their rights and about the employer’s obligations; and/or
3. Removing incorrect information, such as a false warning, from an employee’s personnel file.

Compensatory damages for intentional discrimination under Title VII. Under Title VII, compensatory damages may also be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages may be available if you acted with malice or reckless indifference. You may also be required to pay attorneys’ fees, expert witness fees, and court costs.

Civil Document Fraud
If a DHS investigation reveals that an individual has knowingly committed or participated in acts relating to document fraud, DHS may take action. DHS will issue a Notice of Intent to Fine (NIF) when it intends to impose penalties. Persons who receive a NIF may request a
hearing before an administrative law judge. If DHS does not receive a request for a hearing within 30 days, it will impose the penalty and issue a Final Order, which is final and cannot be appealed.

Individuals found by DHS or an administrative law judge to have violated section 274C of the INA may be ordered to cease and desist from such behavior and to pay a civil money penalty as follows:

Addtional Criminal Charges

Who Can be Charged
Individuals Plant Managers and Supervisors Human Resources Personnel Union Stewards Intermediate and Senior ---Corporate Officials—E.G., Owners and Executives Accountants	The Employing Entity

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