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Penalties for Employers Hiring Illegal Immigrants
Under federal law, it is illegal for any employer to hire, recruit or refer for a fee any alien not authorized to work in the United States. There are criminal and civil penalties associated with this conduct.
For first offenders, there is a $250-$2,000 fine per illegal employee.
For a second offense, the fine is $2,000-$5,000 per illegal employee.
For employers who have been convicted of hiring illegal immigrants more than twice, the fine can range from $3000-$10,000 per employee. If the employer demonstrates a pervasive pattern of knowingly employing illegal immigrants, he or she could face additional fines, and up to six months in jail.
Additionally, under the Racketeer Influenced Corrupt Organizations (RICO) act, employers hiring illegal immigrants have been sued, resulting in large settlements. The lawfully documented workers of the Zirkle Fruit Company recently settled a class action lawsuit brought under RICO. The suit alleged that their employer knowingly hired undocumented workers, driving down their wages.
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