What US INA Employment Verification and Employer Sanctions (8 USC 1324a): I-9, Knowing-Hire Prohibition and Penalties requires
Section 274A of the Immigration and Nationality Act, codified at 8 U.S.C. 1324a, makes it unlawful for an employer to employ unauthorized aliens and establishes the federal employment eligibility verification system, enforced by US Immigration and Customs Enforcement (ICE/Homeland Security Investigations) with the Office of the Chief Administrative Hearing Officer adjudicating cases. It is unlawful for a person or entity to hire, or to recruit or refer for a fee, an alien knowing the alien is unauthorized for that employment, and to continue to employ an alien knowing the alien is or has become unauthorized. Every employer must verify the identity and employment authorization of each employee by examining specified documents and completing the verification form (Form I-9): a document is sufficient if it reasonably appears on its face to be genuine. An employer that has complied in good faith with the verification requirement has an affirmative defense to a knowing-hire charge. Section 1324a(b)(5) and (d)(2) restrict use of the verification system and the I-9 to enforcement of the immigration laws and specified criminal provisions. Section 1324a(e) sets civil penalties for hiring violations: $250-$2,000 per unauthorized worker for a first order, $2,000-$5,000 for a second, and $3,000-$10,000 for subsequent orders; paperwork (verification) violations carry $100-$1,000 per individual. Section 1324a(f) makes a pattern or practice of knowing violations a criminal offence punishable by a fine of up to $3,000 per unauthorized alien and up to six months' imprisonment. Section 1324b (a related provision) prohibits unfair immigration-related employment discrimination, so verification must be applied without document abuse or national-origin or citizenship-status discrimination. Penalty figures are subject to inflation adjustment by regulation.
Pillar: Immigration & Border Control · Authority: US Congress / Immigration and Customs Enforcement (Homeland Security Investigations) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: c58be18fe79f7bc2e2be9620a7be864595465834a0948abd1c8fe19031621763
Primary Citations — 8 traced to source
- Immigration and Nationality Act 274A, 8 U.S.C. 1324a(a)(1)-(2) - prohibition on knowingly hiring, recruiting or referring, or continuing to employ, an unauthorized alien.
- Immigration and Nationality Act 274A, 8 U.S.C. 1324a(b) - employment verification requirement (Form I-9) and the 'reasonably appears genuine' document standard.
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