Employers Assessed Over $26,000,000 In Civil And Criminal Fines For Immigration-Related Violations In Fiscal Year 2012

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In August 2013, the Congressional Research Service (CRS) published its Report for Members and Committees of Congress regarding Immigration-Related Worksite Enforcement performance measures. This report, which is based on data provided to the CRS directly by the U.S. Immigration and Customs Enforcement (ICE), provides statistics on penalties related to the employment eligibility verification Form I-9 process and the Immigration and Nationality Act, which prohibits employers from employing individuals who they know are not authorized to work. The report cites an increase in administrative fines, which are issued to employers by ICE for violating the Form I-9 requirements. These civil fines increased from the last fiscal year, up to $12.4 million compared to $10.4 million last year. In addition, criminal fines and forfeitures doubled from the last year, to $14.2 million. This increase in penalties reflects the activities of the U.S. Department of Homeland Security under their new directive announced in 2009, which shifted enforcement to employers to deter illegal employment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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