What penalties can be imposed for violations of the Immigration Act?
A. If any deficiency or illegality is found, ICE will issue a Notice of Intent to Fine NIF to the employer. Form I-9 paperwork violations are subject to fines of between $100 and $1,000 per infraction. More serious violations, such as hiring unauthorized aliens, are subject to steeper fines.Arrest and imprisonment are possible for those who are found to have engaged in a regular pattern or practice of willful violations. Q. Can an NIF be contested? A. Yes. An employer has 30 days to contest the (NIF) by requesting a hearing before an administrative law judge. Q. Can anything be done to reduce the penalties for unintentional paperwork violations? A. Yes. Mitigating factors are considered, including the size of the employer, the employer’s good faith, a good compliance history, the seriousness of the violation at hand and whether the employee listed on an incomplete or inaccurate I-9 is actually authorized to work. The presence of mitigating factors can result in a reduction of penalties
