DOJ Immigration-Related Fines Increased Again in December 2021

The U.S. Department of Justice has increased a variety of immigration-related fines/penalties, effective December 13, 2021. These increases were pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015. Since that time, penalties have been adjusted yearly based on the rate of inflation, which for last year was 1.01182 percent.

Below are the offenses with the old and new penalties after November 2, 2015:

OFFENSEPRIOR FINENEW FINE
Immigration-related discrimination – 1st offense$481 – $3,855$487 – $ 3,901
Immigration-related discrimination – 2nd offense$3,885 – $9,639$3,901 – $9,753
Immigration-related discrimination – 3rd offense$5,783 – $19,277$5,851 – $19,505
Unfair Documentary practices (document abuse)$193 – $1,8928$195 – $1,951
Prohibition of indemnity bonds$2,332$2,360

Previously, effective October 19, 2021, the U.S. Department of Homeland Security (DHS) increased several immigration-related fines/penalties, after November 2, 2015, as follows (offenses listed with the old and new penalties):

OFFENSEPRIOR FINENEW FINE
Substantive Form I-9 violations – minimum$234$237
Substantive Form I-9 violations – maximum$2,332$2,360
Knowingly hiring/employing undocumented – 1st$583 – $4,667$590-$4,722
Knowingly hiring/employing undocumented – 2nd$4,667-$11,665$4,722-$11,803
Knowingly hiring/employing undocumented – 3rd$6,999-$23,331$7,082-$23,607
Document Fraud$481-$9,639$487-$ 9,753

If you are concerned about your company’s immigration compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, available at http://www.amazon.com/dp/0997083379.

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