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    © Copyright 20092008 Rickey Braddam

    Employing unauthorized aliens (long)

    This is to show that it is illegal to employ an illegal alien and that the penalty for doing so can be quite expensive. The climate is changing, and I'm not talkiing about Global Warming. All it will take is for one person or family to find a path to take legal action against a highly-placed government official and we will see vigorous enforcement of all the immigration laws. When that happens, a lot of employers will go to prison, and some of them for a very long time.

    Title 8 USC paragraph 1324a reads as follows:

    (a)Making employment of unauthorized aliens unlawful

    (1)In general
    It is unlawful for a person or other entity-

    (A)to hire, or to 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 (h)(3) of this section) with respect to such employment, or

    (B)
    (i)to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or

    (ii)if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 1802 of title 29, to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b) of this section.

    (2)Continuing employment
    It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), 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.

    (3)Defense
    A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) of this section with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.

    (4)Use of labor through contract

    For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after November 6, 1986, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).

    (5)Use of State employment agency documentation

    For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) of this section with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3) of this section) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) of this section with respect to the individual's referral.


    (6)Treatment of documentation for certain employees

    (A)In general
    For purposes of this section, if-

    (i)an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and

    (ii)within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) of this section with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection (b) of this section with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5) of this section.

    (B)Period
    The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States.

    (C)Liability

    (i)In general If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) of this section and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States.

    (ii)Rebuttal of presumption The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States.

    (iii)Exception Clause (i) shall not apply in any prosecution under subsection (f)(1) of this section.

    (7)Application to Federal Government

    (a)For purposes of this section, the term "entity" includes an entity in any branch of the Federal Government.

    (b)Employment verification system

    The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) of this section are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:

    (1)Attestation after examination of documentation

    (A)In general

    The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining-

    (i)a document described in subparagraph (B), or

    (ii)a document described in subparagraph (C) and a document described in subparagraph (D).

    Such attestation may be manifested by either a hand-written or an electronic signature. A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.

    (B)Documents establishing both employment authorization and identity
    A document described in this subparagraph is an individual's-

    (i)United States passport;

    (ii)resident alien card, alien registration card, or other document designated by the Attorney General, if the document-

    (I)contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection,

    (II)is evidence of authorization of employment in the United States, and

    (III)contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.

    (C)Documents evidencing employment authorization

    A document described in this subparagraph is an individual's-

    (i)social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or

    (ii)other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.

    (D)Documents establishing identity of individual

    A document described in this subparagraph is an individual's-

    (i)driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or

    (ii)in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.

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    Categories: Alien Invasion
    Posted by RBraddam on Saturday, February 09, 2008 8:08 PM
    Permalink | Comments (0) | Post RSSRSS comment feed

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