How can an employer become liable for inappropriate employment activities?
There are many ways in which an employer can incur liability under the employer-sanctions provisions of the Immigration Reform and Control Act (IRCA) and the Immigration and Naturalization Act (INA). Depending on the violations, an employer may face civil and criminal sanctions. Civil penalties can amount to thousands of dollars per violation, and while criminal penalties are more rare, they can result in jail time for convicted employers. Most employers believe that their liability extends only to employment of an unauthorized alien. The INA does provide sanctions for knowingly hiring and retaining unauthorized noncitizens, but it is also illegal to hire anyone without performing employment verification procedures for each new worker. Every new hire, even if he or she claims U.S. citizenship, must produce proof of employable status for the employer’s inspection. The employer must complete the federal Employment Eligibility Form, or I-9, which certifies that the employer did view the n
