It is illegal for employers to knowingly hire undocumented workers in the United States. Under the Immigration Reform and Control Act (IRCA) of 1986, employers are required to verify the legal status of their employees by completing an I-9 employment eligibility verification form within three days of the date of hire. This requirement applies to all employees, regardless of their immigration status.
Employers who knowingly hire undocumented workers can face civil and criminal penalties. Civil penalties can range from $539 to $21,563 per violation, depending on the number of employees involved and the duration of the violation. Criminal penalties can include fines, imprisonment, or both.
It is important to note that employers who unintentionally hire undocumented workers are not immune from liability. If an employer fails to properly verify an employee's eligibility to work, they may still face penalties for non-compliance with the IRCA.
In addition to federal law, some states and municipalities have their own laws regarding the employment of undocumented workers. Some require employers to use the E-Verify system to verify employment eligibility, while others prohibit discrimination against undocumented workers.
To ensure compliance with federal law and any applicable state or local laws, employers should consult with an experienced employment law attorney. Employers should also make sure their HR staff are properly trained on the I-9 verification process and keep accurate and up-to-date records of employee employment eligibility.
If an employer discovers that they have hired an undocumented worker, they should take immediate steps to terminate the employment relationship. This includes completing a new I-9 form and making any necessary corrections to previous forms.
Overall, to avoid potential legal issues and penalties, employers should take proactive steps to ensure compliance with the IRCA and any applicable state or local laws regarding the employment of undocumented workers.
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