VERY SIMPLE. EMFORCE THE LAW.
The following is an overview of
federal law on hiring and harboring illegal aliens. It is not a substitute for professional legal counsel in specific situations.
Summary
A person (including a group of persons,
business, organization or local government) commits a
federal felony when he:
assists an alien whom he should
reasonably know is illegally in the U.S. or who
lacks employment authorization, by transporting, sheltering, or
assisting him to obtain employment,
encourages that alien to remain in the U.S., by
referring him to an employer, by acting as
employer or agent for an employer in any way, or
knowingly assists illegal aliens due to personal convictions.
Penalties upon conviction include
criminal fines, imprisonment, and
forfeiture of vehicles and
real property used to commit the crime.
Anyone employing or contracting with an illegal alien without verifying his work authorization status is guilty of a
misdemeanor. Aliens and employers violating immigration laws are subject to arrest
, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.
Recruitment and Employment of Illegal AliensIt is unlawful to
hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States.
1 It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work.
2 Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified.
3 It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements.4 Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with 3 days advance notice, they must be made available for inspection.
Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home.
5 Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law.
6 An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor.
7 The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements.
8 If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire
9 An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts.
10 Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer, that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employers work force.
11 Knowledge cannot be inferred solely on the basis of an individuals accent or foreign appearance. Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien workforce of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.
12 It is illegal for non-profit and religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist aliens.
13 Harboring or aiding illegal aliens is not protected by the First Amendment.
14 It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to 5years.
FAIR: The Law Against Hiring or Harboring Illegal Aliens
