Given the employer’s status as a “Second Offender,” the Office of the Chief Administrative Hearing Officer (OCAHO) ordered that a penalty of $329,895, assessed by ICE agents involved in investigating the company’s I-9 practices, be upheld. In USA v. Durable, Inc., presiding Judge Helen K. Thomas recognized that the employer had incurred 300 I-9
Local Government-Imposed Liabilities Warrant Reduction of I-9 Penalty
Author: Harry J. Joe.
Financial burdens imposed upon an employer by non-immigration-related governmental entities is a factor that can be considered in lowering the assessed civil monetary penalty for the employer’s failure to complete the I-9 Employment Verification Forms for its employees in a proper and timely manner, even though such burdens were temporary, the
ICE Met with Pushback in Efforts to Enhance I-9 Civil Penalties
AUTHOR: Harry J. Joe.
Immigration and Customs Enforcement’s efforts to obtain enhanced civil penalties against employers for Form I-9 violations has met with resistance from the Justice Department’s Office of the Chief Administrative Hearing Officer (OCAHO) in two rulings issued on March 18, 2013.
In the first, United States of America v. Siam Thai
Proposed Penalties for Employment Verification Related Violations
By Michael H. Neifach on
The Senate’s immigration bill, S. 744, just voted out of the Judiciary Committee and sent for a vote by the full Senate, greatly increases potential penalties for employment verification related violations. Under S. 744, the civil fine for a first offense of knowingly hiring or continuing to employ an undocumented worker ranges from $3,500 –
Legislation to Increase I-9 Penalties Introduced in Congress
New legislation that would expand penalties for employers who knowingly hire unauthorized workers has been introduced in the House of Representatives. The “Criminal Penalties for Unauthorized Employment Act of 2010” (H.R. 4627), introduced by Representative Frank Kratovil (D-Md.), would significantly increase imprisonment terms, criminal fines, and civil fines that can be levied against an employer…