What penalty should employers who knowingly hire illegal immigrant workers receive (if any)?
What do you think the penalty/fine should be... If no penalty or fine should be imposed, please explain why.. Thanks
First time offender?
Repeat offender?
Answer:
The laws in Arizona recently enacted will probably be overturned. Only the Federal Government can make and enforce immigration laws. Other attempts in other states that have tried it on their own have been overturned. Local law enforcement may be called upon by Federal enforcement agencies to help but they cannot enact their own laws or make arrests without Federal OK.
There are already Federal Laws concerning employers who hire undocumented workers...the problem is; the Feds don't enforce them. Government knows that commerce depends upon this cheap labor force and will not do anything to impede the flow.
Here is a brief run-down of current Federal Law concerning employment:
Penalties for Employing Undocumented Workers
Undocumented Workers, Employer Liability, Illegal Aliens, Employing Illegal Aliens
Recently, fruit company executives at Zirkle agreed to pay $1.3M to settle out of a court a RICO lawsuit alleging that undocumented workers were hired in order to keep wages low. This is the first time that a large scale employer-based RICO lawsuit has been settled.
With FAIR receiving 1/3 of the settlement in attorneys fees,
expect to see a spate of RICO-based lawsuits against other large employers with deep pockets. The Supreme Court is expected toresolve this issue when it hears a similar RICO-based case involving Employer Mohawk Industries. The issue involves whether a company and its agents, in performing corporate duties, can be considered a racketeering enterprise under the Racketeer Influenced and Corrupt Organizations Act.
This is just one example of how companies can run afoul of immigration laws and expose themselves to significant liability.
Penalties for Employing Undocumented Workers
With today’s complex immigration and labor laws, an employer with foreign workers must be careful to avoid violating immigration and anti-discrimination laws at all stages of the employer/employee relationship. Issues regarding immigration and anti-discrimination laws can occur during the hiring period, the employment phase, and at termination. For example, if a worker presents a temporary work authorization document from the Immigration Service at the time the worker is hired, the employer must not only make a good faith effort to verify the legitimacy of the document, but also re-verify the employee’s work authorization at the time the initial authorization expires.
There are civil and criminal penalties for hiring illegal aliens. Sec. 274A of the Immigration and Nationality Act (INA) and 8 U.S.C. 1324a, makes it unlawful for any person knowingly to hire, recruit or refer for a fee any alien not authorized to work. An employer that violates these laws can face penalties of:
· $250 to $2,000 fine for each unauthorized individual;
· $2,000 to $5,000 for each employee if the employer has previously been in violation; or
· $3,000 to $10,000 for each individual if the employer was subject to more than one cease and desist order.
The employer could also be fined $100 to $1,000 for each individual “paperwork” violation.
The criminal penalties for a pattern and practice violation can be up to $3,000 for each unauthorized alien, imprisonment up to six months, or both.
There are legal means to hire foreign workers on a temporary or permanent basis and our office can help you explore your options.
I think they should get NO ice cream!
huge fine...the second time lose the buisness
First time offender $10,000 per incident
Double the fine each time a company is caught
Immediate termination from their employment.
Something like $1,000 per worker per day employed might have an impact -- but 5 years jail time and a million dollar fine for the CEO would wold stop it tomorrow.
If you stop the people hiring the illegals that will kill the motivation for coming here the WRONG way and maybe that will give them the motivation to revolution on their country.
They know and they do not care .
First time offender I would say a small fine.
Repeat offenders a big fine with a possibility of jail time.
I think that it should be the maximum punishment. Like a fine of $100,000 for the 1st offense and jail time any after that.
First time, $15k for getting caught hiring illegals.
Second time the fine should double.
They will quickly learn that it's not worth it. Whatever money they were saving by paying less wages, they'll have to pay more in fines.
thats why arizona sucks...not because of illegals but people like you
First time offender $25,000.
Repeat offender get Some free time in federal prison say 10 years.
Expatriation to country of origin of hired illegal.
Well, if they are hiring illegals, they are not paying there taxes, and that is corporate tax fraud which entails a 20 year prison sentence.
How would you prove they "knowingly" did it? Or are you just blanket-charging anyone who hired them?
Automatic jail sentence for getting caught hiring illegals!
At least $100,000 per illegal per day of work for the past 5 years and then if they employ illegals again they go straight to jail and do not pass go.
We have to take away the incentive for illegals to want to break our laws to get here. Legal immigration quota's can be raised a little to accommodate the needs but make it a legal process where the immigrants are paying a price in order to become an American. The one's just walking across the borders do not want to assimilate into our culture they only want to reap the rewards that we give them.
First offense: big fine and some jail time
Second offense: huge fine and lots of jail time
Third offense: confiscation of the business
Will this ever happen? Heck no!!!
They should be sentenced to work in the country where the illegal immigrant came from. Then, they can decide if they'd prefer to be a law abiding citizen, or break the law and trade places with the person they are helping to break the law.
I like the $10,000 fine idea, perhaps they could be indentured servants in their new host country until this fine is paid in full.
HUGE FINES AND IMPRISONMENT, second time they loose their licenses to conduct any business anywhere!
I think they should be deported and have their lives ruined as much as the illegals they hired. Especially the coyotes who sneak people over with promises of work sponsors. Though, I think Mexico is too nice for them. Perhaps Cambodia or the Darfur region...
First offence, huge fine. After that, bigger fine,jail time and loss of business.
What ever that wage per employee would be per year per employee. I would also add court cost and cost of deportation to the bill. Second offense would be the same as first with prison time for top executive of each company with 2 years served for each illegal hire.
1st offense, they should be severely fined ($100,000 per illegal alien employee).
2nd offense, prison (5+ years).
First the word knowingly should be taken out of the law, It is the responsibilty of the employer not to break the law, If the employer is found to be hiring illegals he should be fined first time $2000 per person, . $5000 second time, third time lose their business licence. They are stealing from American workers who needs them.
My opinion is five years in general population (NO Paris Hilton hotel jail!) for EACH illegal employed. No parole, no early release possible. EVERYONE involved in the hiring should get the same sentence from the CEO to each individual in HR.
Pay a reward to whistleblowers and make them immune from prosecution.
No fines will be necessary and there will be no second offenses!
Either hefty fines or jail time. Definitely jail time after the first offense.
Heavy fines
Loss of business
Must listen to George Bush speeches 24/7
The Immigration information post by website user , MyTend.com not guarantee correctness.
More Immigration Questions and Answers ...