Littler Mendelson | Penalties for Immigration-Related Violations Continue to Rise in 2024

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA), effective February 13, 2024. Interestingly, the Federal Register announcement for DOJ increases also included penalties for sections of IRCA administered by the Department of Homeland Security (DHS), Immigration & Customs Enforcement (ICE). The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. The 2024 increases are much lower than the 2022 and 2023 increases due to inflation being significantly lower in 2023.

Below are the offenses with the old and new penalties:

As the penalties continue to rise, it is incumbent on all employers to pay careful attention to their I-9 forms and strongly consider conducting an internal I-9 audit in order to remediate, as much as possible, the I-9 errors. Such an internal I-9 audit may save employers substantial money if audited by ICE. Employers are advised to contact their immigration or employment counsel with questions about the above.

For more information, please contact:
> Bruce Buchanan, Special Counsel, LITTLER MENDELSON

Compliments of Littler Mendelson – a member of the EACCNY.