On June 28, 2024, the United States Department of Homeland Security (“DHS”) issued a final rule that will impose higher fines on employers that fail to comply with I-9 regulations.  According to DHS, the final rule adjusts its civil monetary penalties for 2024 to account for inflation. 

The increased penalties for I-9 violations are as follows:

• I-9 Paperwork Violations: Increase from $281 to $2,789 per Form I-9
• Knowingly Employing Unauthorized Alien (First Offense): Increase from $698 to $5,579 per violation
• Knowingly Employing Unauthorized Alien (Second Offense): Increase from $5,579 to $13,946 per violation
• Knowingly Employing Unauthorized Alien (Third or More Offense): Increase from $8,369 to $27,894 per violation
• E-Verify Employers – Failure to Inform DHS of Continuing Employment Following Final Nonconfirmation: Increase from $973 to $1,942 per relevant individual employee

Further, in February of 2024, the United States Department of Justice increased the penalties for document abuse and discriminatory practices in addressing I-9 issues.  The fines for document abuse and unfair-immigration related employment practices are as follows:

• Document Abuse: Increase from $230 to $2,304 per violation
• Unfair Immigration-Related Employment Practices (First Offense): Increase from $575 to $4,610 per individual employee
• Unfair Immigration-Related Employment Practices (Second Offense): Increase from $4,610 to $11,524 per individual employee
• Unfair Immigration-Related Employment Practices (Third or More Offense): Increase from $6,913 to $23,048 per individual employee

It is expected that with the increased fines will come an increase in I-9 inspections.  Employers should ensure they are in compliance with all I-9 regulations.  Should you have any questions or need assistance with your hiring documents, including I-9 requirements, please contact Ali Law Group.

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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