Immigration enforcement has quickly become a pressing issue for employers in the first few weeks of the Trump administration, and many companies are re-evaluating their policies, reviewing their I-9 compliance and preparing for potential interactions with U.S. Immigration officials.
Whether they realize it or not, nearly all employers are affected by immigration regulations in some way.
One of the most common compliance requirements is the I-9 Employment Eligibility Verification process, mandated in 1986. Employers must properly complete and maintain I-9 forms for all employees to verify identity and work authorization. However, many fail to do so correctly—a mistake that can be costly.
Civil Penalties for I-9 Violations
Employers who violate I-9 requirements face steep fines:
- Paperwork errors: Fines range from $281 to $2,789 per violation, and even minor mistakes can add up quickly.
- Knowingly hiring or continuing to employ unauthorized workers:
- First offense: $698 – $5,579 per violation
- Second offense: $5,579 – $13,946 per violation
- Third offense: $8,369 – $27,894 per violation
To mitigate risk, employers should conduct regular I-9 audits and consult with immigration counsel to ensure compliance.
Criminal Penalties for Immigration Violations
Beyond civil fines, criminal charges can apply when companies engage in a pattern or practice of hiring unauthorized workers. Consequences may include:
- Fines of up to $3,000 per unauthorized worker
- Severe penalties for federal crimes such as aiding and abetting, harboring unauthorized workers, or knowingly hiring undocumented employees, with potential fines from $10,000 to $250,000 and prison sentences from six months up to 20 years for managers, executives and other responsible parties
- Seizure of company and personal assets in extreme cases
Proactive Compliance Is Key
With immigration enforcement a growing priority, companies should take proactive steps to ensure compliance. Employers should review their I-9 policies, correct errors, and work with legal counsel to mitigate risks before enforcement agencies come knocking.
For a detailed guide on how to handle an ICE visit at your location, see What to Do if ICE Knocks on Your Door.
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