Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties under the Immigration Reform & Control Act (IRCA), effective January 2, 2025. The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. These increases were about 1%, which is similar to the 2024 increases due to inflation.
Below are the offenses with the old and new penalties:
|
Type of IRCA Violation |
Old Fine |
New Fine |
|
Substantive Form I-9 violations – minimum |
$281 |
$288 |
|
Substantive Form I-9 violations – maximum |
$2,789 |
$2,861 |
|
Knowingly employing undocumented – 1st order |
$698 to $5,579 |
$716–$5,724 |
|
Knowingly employing undocumented – 2nd order |
$5,579 to $13,946 |
$5,724–$14,308 |
|
Knowingly employing undocumented – subsequent |
$8,369 to $27,894 |
$8,586–$28,619 |
|
Document Fraud (USC 1324c(a)((1)-(4)) – 1st order |
$575 to $4,610 |
$590–$4,730 |
|
Document Fraud (USC 1324c(a)((1)-(4)) –subsequent order |
$4,610 to $11,524 |
$4,730–$11,823 |
|
Document Fraud (USC 1324c(a)((5)-(6)) – 1st order |
$487 to $3,887 |
$500–$3,988 |
|
Document Fraud (USC 1324c(a)((5)-(6)) – subsequent order |
$3,887 to $9,718 |
$3,988-$9,970 |
|
Prohibition of indemnity bonds |
$2,789 |
$2,861 |
With an expected surge in ICE I-9 audits and ICE raids, employers should pay careful attention to their I-9 forms and conduct an internal I-9 audit to remediate, as much as possible, any I-9 errors. Such an internal I-9 audit could save an employer substantial money if audited by ICE. Employers are advised to contact their immigration or employment counsel with questions about the above.
