Penalities for Immigration Violations to Increase

On February 22, 2008, an announcement was made by Attorney General Michael Mukasey and Homeland Security Secretary Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Effective March 27, the government will raise the fines by 25% it levies against employers who knowingly hire illegal immigrants.

Currently, fines range from $275 to $11,000 depending on the offense. Under the new rule, the minimum penalty would increase by $100 to $375. The maximum fine for a first-time offender would jump $1,000 to $3,200. The biggest increase under the new rule raises the maximum civil penalty for repeat violations from the current $11,000 to $16,000. These penalties are assessed on a per-person basis; thus, if an employer knowingly employed, or continued to employ, five illegal immigrants, that could result in five fines.

In the past year, The U.S. Bureau of Immigration and Customs Enforcement (ICE), the investigative branch of the Department of Homeland Security (DHS), has stepped up its enforcement of sanctions against employers. In 2007, ICE secured criminal fines, restitutions and civil judgments in worksite enforcement investigations in excess of $30 million. ICE also made 863 criminal arrests and 4,077 administrative arrests.