Mark A Ivener, A Law Corporation

Fines, Prosecutions for Hiring Undocumented Workers To Increase

Secretary of Homeland Security Michael Chertoff and Attorney General Michael Mukasey announced on February 22, 2008, that the fines for hiring undocumented workers will increase and that the Departments of Homeland Security and Justice are also working “to increase criminal prosecutions against the most egregious employer offenders.” The increased fines are expected to take effect March 27, 2008, and will be assessed on a per-worker basis. For example, if an employer knowingly employs five undocumented workers, the employer could incur five fines. The minimum penalty for knowingly hiring an undocumented worker will increase from $275 to $375. The maximum fine for a first-time offender will increase from $2,200 to $3,200, and the maximum fine for repeated violations will increase from $11,000 to $16,000.

A related Department of Justice (Executive Office for Immigration Review) final rule was published in the Federal Register and is available here.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.