New penalties for illegal employment, other violations to take effect Monday

The Justice Department is set to increase the civil penalties for a number of immigration-related violations, including unlawful employment of aliens, paperwork violations and unfair employment practices. The new penalties will take effect Monday.

Key points:

• Minimum penalties for first-time violations for unlawful employment of aliens will jump to $539 per individual from the current $375, while the minimum penalties for first-time paperwork violations (e.g., Form I-9 violations) will increase to $216 from the current $110. The minimum penalties for first-time violations for unfair immigration-related employment practices will increase to $445 from the current $375.
• The penalties will apply to any violations committed after Nov. 2, 2015. The Justice Department published an interim final rule July 1 and the new penalties will take effect Monday.

Background: The rule was drafted pursuant to the Bipartisan Budget Act of 2015, which was signed into law Nov. 2 and altered the method for adjusting penalties for inflation. Minimum and maximum penalties will increase for a host of violations.

The interim final rule, which includes a table of penalties for all immigration-related violations, can be read in the Federal Register.

BAL Analysis: The increase in penalties highlights the importance of remaining in compliance with all immigration-related laws and regulations. The new penalties will be imposed beginning Monday, but will apply to any violation that occurred after Nov. 2, 2015.

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

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