The immigration laws, primarily the Immigration Reform and Control Act (IRCA), make it unlawful for a person or entity to hire or to recruit for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien. Employers that violate this prohibition may be subject to federal civil and criminal sanctions. In order to comply with the immigration law, employers must take affirmative steps to verify a new hire’s eligibility for employment. Employers are required to attest, under penalty of perjury, that the employer has taken steps to verify that the employee is not an unauthorized alien by examining documents which establish the individual’s identity and his or her authorization to work in the United States.
The penalties for employing unauthorized workers include sizeable civil fines, as well as the potential for criminal prosecution of:
who know or should have known, that unauthorized workers are on payroll.
Immigration worksite enforcement against employers continues to expand. During the past few years, worksite investigations have increased by 400%. At this point in time, the prospects for comprehensive...
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