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Inflation Causes Significant Increase in Immigration-Related Fines

By Bruce Buchanan on January 17, 2023

The United States government has increased a variety of immigration-related fines/penalties, effective January 13, 2023. The higher penalties are only for those cases where the penalties are assessed on January 13, 2023 or thereafter.

These increases were pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015. Since that time, penalties have been adjusted yearly based on the rate of inflation. The increases in 2022 and 2023 are the largest in the past seven-plus years due to recent high inflation.

Below are the offenses with the old and new penalties for offenses incurred after November 2, 2015:

Type

Old

New

Substantive Form I-9 violations - 1st offense - minimum $252 $272
Substantive Form I-9 violations - 1st offense - maximum $2,507 $2,701
Knowingly employing undocumented - 1st offense $627 to $5,016 $676 to $5,404
Knowingly employing undocumented - 2nd offense $5,016 to $12,537 $5,404 to $13,508
Knowingly employing undocumented - 3rd offense $7,523 to $25,076 $8,106 to $27,018
Document Fraud (USC 1324c(a)((1)-(4)) $517 to $10,360 $557 to $11,162
Document Fraud (USC 1324c(a)((5)-(6)) $438 to $8,736 $472 to $9,413
Prohibition of indemnity bonds $2,507 $2,701

As the penalties continue to rise, it behooves all employers to pay careful attention to their I-9 forms and strongly consider conducting an internal I-9 audit in order to remediate the I-9 errors. If you have any questions, please contact your immigration or employment counsel.

This article was originally published on Littler Mendelson's website. Click here to read the original article.

© 2023 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.

Posted: January 18, 2023


All Rights Reserved © 2023 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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