Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2, 2015. This rule change may create an incentive for Immigration and Customs Enforcement (ICE), which is tasked with enforcing the rule, to conduct more employer investigations and identify greater employer misconduct.

Tips: Regularly review your immigration (and I-9) compliance policies and procedures to ensure you are following the law. It’s important to remember that employees must complete section 1 of the I-9 form by their first day of work. When conducting an I-9 audit, reach out to your Vigilant employment attorney for any compliance questions regarding updating missing information, correcting errors, or improving procedures. For additional information and guidance, see our Legal Guides related to national origin discrimination and immigration law, “Form I-9: Avoiding Documentation Abuse,” “Hiring Foreign Workers: Green Cards, H1-B and NAFTA,” and “National Origin Discrimination in the Workplace.”