1908
Unlawful Employment of AliensCriminal Penalties
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Title 8 U.S.C. § 1324a(a)(1)(A) makes it unlawful for any person
or
other entity to hire, recruit, or refer for a fee, for employment in the
United
States an alien knowing the alien is an unauthorized alien, as defined in
subsection 1324a(h)(3).
Subsection 1324a(2) makes it unlawful for any person or entity, after
hiring an alien for employment, to continue to employ the alien in the
United
States knowing the alien is or has become an unauthorized alien with respect
to
such employment.
Subsection 1324a(f) provides that any person or entity that engages in
a
"pattern or practice" of violations of subsection (a)(1)(A) or (a)(2) shall
be
fined not more than $3000 for each unauthorized alien with respect to whom
such
a violation occurs, imprisoned for not more than six months for the entire
pattern or practice, or both. The legislative history indicates that "a
pattern
or practice" of violations is to be given a commonsense rather than overly
technical meaning, and must evidence regular, repeated and intentional
activities, but does not include isolated, sporadic or accidental acts.
H.R.Rep.
No. 99-682, Part 3, 99th Cong., 2d Sess. (1986), p. 59. See 8 C.F.R.
§ 274a.1(k).A scheme for civil enforcement of the requirements of
§
1324a
through injunctions and monetary penalties is set forth in § 1324a(e)
and
§ 1324a(f)(2).
In addition, 18 U.S.C. § 1546(b) makes it a felony offense to use
a
false identification document, or misuse a real one, for the purpose of
satisfying the employment verification provisions in 8 U.S.C. §
1324a(b).
[cited in Criminal Resource Manual 1907; USAM 9-73.100] | |