Growers face tougher fines for immigration violations

Effective March 27, employers who violate federal immigration laws now face fines up to $16,000. That’s a $5,000 increase from previous years. The last adjustment was made in 1999.

The civil penalties were adjusted about 25 percent for inflation. The minimum penalty for knowing employment of an unauthorized alien increases by $100, from $275 to $375. Some of the higher civil penalties are increased by $1,000; for example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase under the rounding mechanism raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis.

Under the Immigration and Nationality Act, employers may be fined for knowingly employing unauthorized aliens. Other violations include 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.

For each violation, the employer has the right to a hearing before an administrative law judge in the Executive Office for Immigration Review.

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For more: U.S. Department of Justice, Office of Legal Policy, (202) 514-4601; www.usdoj.gov/olp.

April 2008