There are many nuances involved in running a business. One of the biggest challenges can involve personnel. A common question is, “Is it illegal to employ undocumented immigrants?”
UNDOCUMENTED IMMIGRANT
A person who does not have the legal right to be or remain in the United States. Immigrants become undocumented either by crossing the border illegally or by overstaying their temporary visas.
WHAT DOES IT MEAN TO EMPLOY AN UNDOCUMENTED IMMIGRANT?
A person can be guilty of hiring an undocumented immigrant if they hire an employee who does not have the necessary documentation or work authorization.
Title 8 U.S.C §1324 a(a)(1)(A) makes it unlawful for any person or entity to hire, recruit, or refer for a fee, for employment in the United States an undocumented worker.
Subsection 1324a(2) makes it unlawful for any person or entity, after hiring an undocumented worker for employment, to continue to employ that worker knowing the worker is/or has become unauthorized with respect to such employment.
WHAT ARE THE PENALTIES?
Criminal and Civil Penalties: Subsection 1324a(f) provides that any person or entity that engages in a pattern of practice of the above violations shall be fined not more than $3000 for each unauthorized worker, imprisoned for not more than six months of the entire pattern or practice or BOTH.
Loss of Business: If an employer violates the above provision the employer may lose their license or ability to continue to conduct business.
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AS AN EMPLOYER HOW DO I PROTECT MYSELF?
I-9 Form: It is imperative that all new employees complete the I-9 Form. This MUST be a consistent business practice. Employers are encouraged to engage in routine audits to avoid any lapses in paperwork and establish a precedent for compliance.
Verifying an Employee’s Identity: As an employer you must take steps to not only verify employment authorization but also the potential employee’s identity. An employer should make it a routine practice to utilize List A documents when verifying identity. A US passport or an Employment Authorization Document Card with a photograph are examples of List A documents that verify both identity and work authorization. For a more comprehensive list visit the following link: https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents
Consult with an Attorney: Reach out to a seasoned attorney with any questions regarding employment verification and/or an employee’s status.
If you or someone you know is facing allegations of employing undocumented immigrants, contact the attorneys at Berry Law to get the aggressive representation you deserve.
