It’s illegal to employ Aliens….
Sanctions for Employment of Illegals
http://apmp.berkeley.edu/images/stories/LawsandAgencies/irca.emplsanctions.crs.pdf The Department of Homeland Security, U.S. Immigration and Customs Enforcement(ICE) is authorized to conduct investigations to determine whether employers haveviolated the prohibitions against knowingly employing unauthorized aliens andfailing to properly complete, present or retain Employment Eligibility Verificationforms (Form I-9) for newly hired individuals. Any person or entity may file a signedcomplaint alleging a violation of INA § 274(A) with the ICE office having jurisdictionover the business or residence of the alleged violator.The complaint must contain specific information as to both the complainant and thepotential violator and detailed factual allegations including the date, time and placeof the alleged violations or conduct alleged to constitute a violation of the act. ICEmay conduct an investigation for violations on its own initiative or as a result ofhaving received a complaint. If ICE determines after an investigation that there hasbeen a violation, ICE may issue and serve a Notice of Intent to Fine
or a WarningNotice.
Employers who fail to properly complete, retain,
and/or present FormsI-9 for inspection as required by law may be subject to a civil penaltyfor violations ranging from $110 - $1,100 per employee whose Form I-9 is not properly completed, retained, and/or presented
Factorsconsidered in setting the fine level are the size of the business, the employer’s goodfaith, the severity of the violation, and the employer’s history.
Also, the Attorney General can bring a district court action seeking equitable relief(i.e., permanent injunction, etc.). For a violation of INA § 274A(a)(1)(A) or (a)(2), anemployer can face: (1) $275 - $2200 fine for each unauthorized individual;
(2)$2,200 - $5,500 for each employee if the employer has previously been inviolation;
(3) $3,300-$11,000 for each individual if the employer was subject tomore than one cease and desist order.
Under INA § 274A(f), employers convictedof having engaged in a pattern or practice of knowingly hiring unauthorized aliens orcontinuing to employ aliens knowing that they are or have become unauthorized towork in the United States, after November 6, 1986, (e.g. expiration of workauthorization), may be fined up to $3,000 per unauthorized employee and/or faceup to six months of imprisonment.
…Or Is It???
How to Pay Undocumented Aliens With Wage Claims
While an undocumented alien generally cannot recover front pay in employmentlitigation,
anyone, documented or not, is generally entitled to recoverwages due for actual labor performed, even if they laborer lacked therequisite papers for lawful employment.
Employers who discover that theyowe wages to undocumented aliens often do not know how to process the payroll