Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
This week, Rep. Frank Kratovil (D-MD) introduced the “Criminal Penalties for Unauthorized Employment Act of 2010” (H.R. 4627). The bill amends section 274A of the Immigration and Nationality Act (8 U.S.C. § 1324a(e)(4)(A)) by establishing criminal penalties—and increasing the existing civil penalties—that can be levied against individuals with “hiring authority” who employ unauthorized aliens.
An individual with “hiring authority” is defined as having the “direct authority to
make a decision to hire or to recruit or refer for a fee, an individual for employment.” Should a violation occur, the offender could be subject to the following penalties for each unauthorized alien employed:
Criminal Penalties:
- First offense: A fine of $2,500 and/or imprisonment up to one year.
- Second offense: A fine of $5,000 and/or imprisonment up to two years.
- Third offense: A fine of $10,000 and/or imprisonment up to five years.
Civil Penalties:
- First offense: A fine of between $1,000-$5,000 (currently $250-$1,000).
- Second offense: A fine of between $5,000-$10,000 (currently $2,000-$5,000).
- Third offense: A fine of between $10,000-$20,000 (currently $3,000-$10,000).
The bill has been referred to the House Judiciary Committee.