Can an Employee get in trouble for knowingly hiring illegal immigrants?

Question

Also for paying them cash and not paying them overtime after 40 hours of work? This company employees about 40 illegal immigrants without papers.

AN Employer Sorry!

Answer 1

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.


Although I understand the fines are going up now to $75,000 per illegal hired by the employer / employee.

Report Illegal Immigrants

http://www.ice.gov/
http://www.reportillegals.com/
http://wehirealiens.com/
http://www.usbc.org/
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html
http://www.vdare.com/mann/060515_minu...
http://www.ar15.com/forums/topic.html...
http://www.americanpatrol.com/ADMINISTRATION/NAVIGATION/Report-Illegals.html

To report any suspicious activity please call 1-866-347-2423. Emailed reports of suspicious activity or "tips" are not accepted at this time.

Answer 2

The short answer is yes.

Knowingly hiring an illegal is, in itself, a criminal act. This means the employer (meaning company) and employee (usually the HR person or a foreman) are both liable for not proceeding with due diligence.

The simplest reaction is a fine (several thousand dollars to the employee directly, and upwards of 25000 to the company ... for EACH occurrence). The second action may result in ajil time for the employee who actually did the hiring, plus jail time for the company president/CEO who has oversight of that department.

Finally, the company itself may fire the employee (and probably the president/CEO involved) for committing a criminal act. If this should happen ... good luck on obtaining a job elsewhere!

Answer 3

Yes the employer can get arrested and fined along with any other person involved in hiring them.

As a Business Office Manager I had to verify I 9's and sign off on them stating that the information given was true and accurate. If I suspected anything was not as it should be the new employee did not begin work until more documentation was provided.

I didn't win any popularity awards from department heads who wished to get a warm body on the floor but I knew that my end of the hiring process was accurate and on the level.

Answer 4

The key word is 'illegal'.

It is illegal for employers to knowingly hire illegal immigrants.

The government considers the first act illegal, and since they are already 'illegal' employees. They don't regulate to my knowledge the lack of 'overtime' for illegal employees because they shouldn't be working or getting paid in the first place. However, they may get penalties for not reporting wages to the IRS.

Answer 5

If by employee you mean employer or maybe an employee who is in charge of hiring then yes. It is illegal to hire or harbor an illegal immigrant. Below is the link of the laws regarding the hiring or harboring of an illegal immigrant.

Answer 6

If you mean to say employer, then yes. As just another employee,you won't get in trouble, you didn't hire them.

Answer 7

Employer yes, Federal law an States & Cities are know enforcing it. ICE would like to know?? Keeping jobs in the USA for the citizens.Not illegals.

Answer 8

First your question is wrong. It should be 'employer' and not 'employee'.In my opinion, yes, the hirer is in a minimum trouble of a fine of $10000/-.

Answer 9

Yes indeed. Even if you are just a low level person who has hiring authority YOU are resposible, and action can be taken against you. While the company is resposible they can choose to protect themselves and leave you to the wolves.

Answer 10

Yes
But the law enforcement lets them do it why do you think they are trying to force amnesty on us and let us become a Hispanic speaking country.