Immigration Lawyer Blog
Effective August 1, 2016, the U.S. Department of Homeland Security (“DHS”), significantly increased civil fines for employers who commit I-9 and other violations of the Immigration Reform and Control Act (“IRCA”). The increased fines are a direct result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public Law 114-74) (“the Inflation Adjustment Act”). The Inflation Adjustment Act, required all federal agencies to increase civil fine penalties to adjust for inflation.
Enacted on November 6, 1986, IRCA requires all employers to verify both the identity and employment eligibility of all employees. 8 U.S.C. § 274a.2 created Form I-9 as the way employers must document their compliance with IRCA. All employers are required to complete Form I-9 within three days of an employee’s first paid day of work. In addition, employers are required to retain all Form I-9s for a period of three years after an employee is hired, or for one year after the employee is no longer employed (whichever is longer). Penalties for failing to comply with IRCA and 8 U.S.C. § 274.a.2 can range from civil fines, disqualification from government contracts, and criminal penalties.
Effective August 1, 2016, DHS increased civil fines for IRCA violations occurring after November 2, 2015. A breakdown of the new fines is set forth below: