As of , the agency has developed what it characterizes as a "comprehensive worksite enforcement strategy. ICE claims to focus its enforcement efforts on two areas:. The ICE press releases collected at the worksite enforcement webpage don't bear this out, however. While a couple of the reported enforcement actions do involve workers at airports and a couple reflect egregious exploitation of workers, the main pattern that emerges from this long string of ICE press releases is of actions against ordinary businesses restaurants, landscapers, construction companies, food processing plants, small manufacturers, and so forth for "harboring" illegal aliens; that is, for knowingly preventing their detection.
As an employer, you should conclude that you are in legal peril if you knowingly employ undocumented immigrant workers, even if your business is not part of the "critical infrastructure" but just a small business trying to get by, and even if you treat your workers fairly. Employers are required to confirm the work authorization of every new hire at the time of hire, using Form I-9 for the purpose.
You are not, however, expected to be an expert on the documents that establish work authorization. In fact, an employer can be penalized for discrimination for checking documents too zealously or insisting on a particular document, such as a green card.
The way the rules put it, you should accept documents from the I-9 lists that "reasonably appear on their face to be genuine and to relate to the person presenting them. If that standard doesn't strike you as crystal clear, you are not alone.
Still, if you are acting in good faith and following the I-9 procedures, you should be safe from liability if ICE discovers that one of your workers has presented bad documents. A formal I-9 compliance policy might be a good way to demonstrate your good faith.
If any information comes your way, subsequent to hire, that suggests a worker may not be authorized to work in the U. The reason for this is that employers can be held liable not only for actual knowledge of a worker's undocumented status, but also for "constructive knowledge"; that is, basically, for having reason to know. Again, though, you have to be careful how you proceed with such information, always avoiding the leap to a conclusion. SSA database discrepancies don't always mean unauthorized workers, as the SSA "no-match" letters themselves explicitly state, and hasty action on partial information could lead to a discrimination claim.
The consequences for engaging in any of this conduct could involve both criminal and civil penalties. A person who does not have legal authorization to live in the U. Even some Social Security cards are restricted and do not serve as adequate verification of authorization to work.
Even a person who has an immigration status that allows them to be legally present in the U. Employing people who do not have authorization to work in the U.
The consequences a person or business may face for hiring a person who does not have work authorization include:.
In some states, a business may lose its operating licence if it is found to be hiring illegal immigrants. Additionally, the state may require the business to change their hiring policies and practices so they conform to federal immigration laws.
Federal law requires every employer to verify the work authorization of every employee they hire at the time of hiring. The employer should complete an I-9 form within 3 days of hiring a worker.
An employer is not required to check the work authorization of people hired as independent contractors, however if an employer knows or has reason to know that an independent contractor is not authorized to work in the U. An employer who does not fill out an I-9 form for a worker or who does not keep the form on file for the required 3 years could face both civil and criminal penalties. The penalties for I-9 form violations, e. They can now add the number of I-9 violations to other hiring violations so as to inflate penalty amounts and penalties can quickly mount into the tens of thousands of dollars.
The punishment for hiring illegal immigrants can include fines that increase with each violation and even potential jail time.
Fines increase with each offense. This is a different offense than that of harboring an illegal immigrant or employing 10 or more illegal immigrants in one year. A conviction for harboring an illegal immigrant or employing 10 or more illegal immigrants in one year could lead to a sentence of 10 years in prison.
An employer can be prosecuted under the RICO act for hiring illegal immigrants. A person or other entity that engages in a pattern of racketeering activity for financial gain can face both civil and criminal liability. Encouraging illegal immigration or hiring illegal aliens are illegal under the INA, and these acts are now included in RICO as predicate offenses.
Other businesses and individuals would want to avoid doing business with an entity that is engaged in chronic hiring of unauthorized workers because they would fear risking criminal violations by association. There may be cases when an illegal immigrant who lacks work authorization uses a false or stolen identity in order to obtain work authorization. Illegal immigrants looking for work sometimes engage in identity theft. An employer is required to make a good faith effort to ensure their employees are legally authorized to work in the United States.
A good faith effort means checking the Social Security number provided by the employee and making sure it is valid. In addition, if an applicant is not a citizen, then documentation of their immigration status and especially their authorization to work would be necessary. If an employer makes a good faith effort to determine whether a new hire has work authorization and that any documents presented are legitimate, the employer should not be criminally liable.
However, if any new information suggesting that a worker does not have work authorization comes to the attention of the employer after the worker is hired, an employer should look into it. Companies fined for hiring illegal immigrants want to think about whether they can show that they made a good faith effort before hiring someone who turned out not to have work authorization. In many cases, the legal penalties for a business that hires illegal immigrants will be more severe if the owner or supervisor were aware they were hiring illegal immigrants.
Phone Telephone: Monday to Thursday, 9am to pm Friday, 9am to pm Find out about call charges. Email businesshelpdesk homeoffice. Check what you need to do. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work.
Accept additional cookies Reject additional cookies View cookies. Hide this message.
0コメント