Page 42 - Handbook for Employers - Guidance for Completing Form I-9

determining the amount of the penalty, DHS considers: aliens (or continuing to employ aliens knowing that they
are or have become unauthorized to work in the United
1. The size of the business of the employer being States) after Nov. 6, 1986, may face fines
charged; and/or six months imprisonment.
2. The good faith of the employer;
3. The seriousness of the violation; Engaging in Fraud or False Statements, or Otherwise Misusing Visas,
4. Whether or not the individual was an Immigration Permits, and Identity Documents
unauthorized alien; and
5. The history of previous violations of the employer. Persons who use fraudulent identification or employment
authorization documents or documents that were lawfully
Enjoining Pattern or Practice Violations issued to another person, or who make a false statement
or attestation to satisfy the employment eligibility
If the Attorney General has reasonable cause to believe verification requirements, may be fined, or imprisoned
that a person or entity is engaged in a pattern or practice for up to five years, or both. Other federal criminal
of employment, recruitment or referral in violation of statutes may provide higher penalties in certain fraud
section 274A (a)(1)(A) or (2) of the INA (found at 8 cases.
U .S .C. 1324a (a)(1)(A) or (2)), the Attorney General may
bring civil action in the appropriate U .S. District Court Unlawful Discrimination
requesting relief, including a permanent or temporary
injunction, restraining order or other order against the If an investigation reveals that you engaged in unfair
person or entity, as the Attorney General deems necessary. immigration-related employment practices under the
INA, IER may file a lawsuit. Settlements or lawsuits may
Requiring Indemnification result in one or more corrective steps, including:
1. Hiring or reinstating, with or without back
Employers found to have required a bond or indemnity pay, individuals directly injured by the
from an employee against liability under the employer discrimination;
sanctions laws may be ordered to pay a civil money
penalty for each violation and to make restitution, either 2. Posting notices to employees about their rights
to the person who was required to pay the indemnity, or, and about employers’ obligations; and/or
if that person cannot be located, to the U.S. Treasury. 3. Educating all personnel involved in hiring about
complying with anti-discrimination laws.
Good Faith Defense
The court may award attorneys’ fees to prevailing parties,
If you can show that you have, in good faith, complied other than the United States, if it determines that the
with Form I-9 requirements, then you may have losing parties’ argument is without foundation in law and
established a “good faith” defense with respect to a charge fact.
of knowingly hiring an unauthorized alien, unless the
government can show that you had actual knowledge of Employers that violate the anti-discrimination provision
the unauthorized status of the employee. of the INA may also be ordered to pay a civil money
penalty. For more information on civil penalties, contact
A good faith attempt to comply with the paperwork IER.
requirements of section 274A(b) of the INA may be ad-
equate notwithstanding a technical or procedural failure If you are found to have committed national origin or
to comply, unless you fail to correct a violation within 10 other prohibited discrimination under Title VII or other
days after notice from DHS. federal law, you may be ordered to stop the prohibited
practice and to take one or more corrective steps,
Criminal Penalties
Engaging in a Pattern or Practice of Knowingly Hiring or Continuing to
Employ Unauthorized Aliens

Persons or entities who are convicted of having engaged
in a pattern or practice of knowingly hiring unauthorized

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