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US Immigration News

01-14-2004 > Violations for Hiring Immigrants Illegally

Violations for Hiring Immigrants Illegally

The U.S. Attorney General prosecutes employers for violations of immigration laws. Usually fines are imposed for violations. However, there are instances where criminal penalties, such as prison time, may be imposed.

Patterns & Practices
Paperwork violations, such as failure to verify an applicant or employee's identity or authorization to work in the United States, are typically penalized by fines. But if the employer is shown to have engaged in a "pattern and practice" of violating the immigration employment laws, imprisonment of up to six months may be imposed.

However, there is no specific definition of what constitutes a pattern and practice of violations that result in criminal penalties. Usually a relatively high showing must be made in consistency of behavior:

The acts of the employer must be intentional, not sporadic or at random
The conduct must show a particular pattern

Usually, where violations are deemed "standard operating procedure" of the employer, they may give rise to criminal penalties.

Responsibility to Know
Employers are expected to know the applicable immigrations laws and the proper procedures for avoiding violations and possible criminal sanctions. Therefore, an employer who claims that a pattern of violation was merely "accidental" may face an uphill battle. Violations for Hiring Immigrants Illegally

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