INDUSTRY NEWS
Penalties for DHS Immigration-Related Violations Rise Again in 2025
By Bruce Buchanan on January 8, 2025
As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties under the Immigration Reform & Control Act (IRCA), effective January 2, 2025. The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. These increases were about 1%, which is similar to the 2024 increases due to inflation.
Below are the offenses with the old and new penalties:
| Type of IRCA Violation | Old Fine | New Fine |
|---|---|---|
| Substantive Form I-9 violations – minimum | $281 | $288 |
| Substantive Form I-9 violations – maximum | $2,789 | $2,861 |
| Knowingly employing undocumented – 1st order | $698 to $5,579 | $716–$5,724 |
| Knowingly employing undocumented – 2nd order | $5,579 to $13,946 | $5,724–$14,308 |
| Knowingly employing undocumented – subsequent | $8,369 to $27,894 | $8,586–$28,619 |
| Document Fraud (USC 1324c(a)((1)-(4)) – 1st order | $575 to $4,610 | $590–$4,730 |
| Document Fraud (USC 1324c(a)((1)-(4)) – subsequent order | $4,610 to $11,524 | $4,730–$11,823 |
| Document Fraud (USC 1324c(a)((5)-(6)) – 1st order | $487 to $3,887 | $500–$3,988 |
| Document Fraud (USC 1324c(a)((5)-(6)) – subsequent order | $3,887 to $9,718 | $3,988–$9,970 |
| Prohibition of indemnity bonds | $2,789 | $2,861 |
With an expected surge in ICE I-9 audits and ICE raids, employers should pay careful attention to their I-9 forms and conduct an internal I-9 audit to remediate, as much as possible, any I-9 errors. Such an internal I-9 audit could save an employer substantial money if audited by ICE. Employers are advised to contact their immigration or employment counsel with questions about the above.
© 2025 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.
Posted: January 8, 2025
All Rights Reserved © 2025 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.