DHS increases civil monetary penalties for inflation

The Department of Homeland Security (DHS) published its annual regulation that increases civil monetary penalties for inflation.

Key points:

• Most civil penalties will increase by less than 2%. Relevant increases for employers are the Form I-9 Employment Eligibility Verification inspection violation penalties. Civil penalties imposed on employers who knowingly hire, recruit, refer or retain unauthorized workers will increase from a range of $573-$4,586 per worker to a range of $583-$4,667 for a first offense. Fines for Form I-9 paperwork violations will increase from a range of $230-$2,292 to $234-$2,332.
• The new amounts apply to penalties assessed after June 17, 2020 for violations that occurred after Nov. 2, 2015.

BAL Analysis: Employers should be aware of the increases in civil penalties and conduct regular reviews and audits of their Form I-9 procedures to ensure they are in compliance with their legal obligations.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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