It depends on several factors. Undocumented immigrants may present an illegally acquired, falsified, or invalid Social Security number. Anyone who employs or enters into contracts with an illegal alien without verifying his or her work permit status is guilty of an offence. Foreigners and employers who violate immigration laws are arrested, detained and confiscated. In addition, individuals or entities who participate in extortion companies that commit (or conspire to commit) immigration-related crimes are subject to private civil actions for triple damages and injunctive relief. It is also prohibited to hire a contractor who employs illegal immigrants. The consequences of such behavior may result in criminal and civil penalties. The new Mayankas memo, on the other hand, deals almost exclusively with the protection of illegal immigrants. The goal, as Mayorkas writes on the front page, is to « maximize the impact of our efforts by focusing on unscrupulous employers who exploit the vulnerability of undocumented workers » [emphasis added] and specifically mentions « illegal acts ranging from paying substandard wages, imposing unsafe working conditions, facilitating human trafficking and child exploitation. » U.S.C. Section 1324a criminalizes hiring an immigrant who is not authorized to work. In some cases, an employer can prove that it should not be held responsible for hiring an unauthorized employee if it can prove, with clear and convincing evidence, that it did not know and could not reasonably have known that the employee did not have a work permit at that time. Under federal law, it is illegal for anyone to engage with an illegal immigrant in any of the following ways: Civil Penalty – Individuals who have hired illegal aliens are subject to a civil fine of $1,000 for each violation and an administrative order requiring the refund of all amounts received to the employee. Conspiracy to commit the crime of harbouring, harbouring or employing illegal aliens is a separate federal offence punishable by a fine of up to $10,000 or five years in prison.25 The consequences that a person or company may face if they hire a person who does not have a work permit include: These are all bad things, of course, and immigration authorities are right to target them.

But these are only symptoms of the underlying problem, namely the widespread employment of illegal immigrants. Raise this, and these violations will become much rarer. The memo`s exclusive focus on « exploitative employers » ignores the fact that the majority of illegal aliens are employed on the books (with fake or stolen Social Security numbers), paid above minimum wage, and working under conditions no different from those of their citizens and legal immigrant counterparts. It is illegal to have a job and therefore to work in the United States without papers. Those who work without a work permit would face penalties ranging from fines to deportation. Yes. The biggest risk in applying for employment as an undocumented worker is that your employer may retaliate against you. Retaliation means that your employer takes or threatens to take employment action against you or reports or threatens to report you to ICE (Immigration and Customs Enforcement, an agency of the Department of Homeland Security) because you have taken legal action against the employer. However, retaliation is illegal.

In fact, employers who take revenge on you for complaining about your illegal working conditions break the law a second time. Filing a complaint: If you choose to file a discrimination lawsuit, you should contact the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), depending on the nature of your request. If your claim is accepted, your employer may have to stop its illegal practices and you may be entitled to legal remedies, possibly including some financial damages. If you are an undocumented migrant worker, you are entitled to employment, regardless of your citizenship status. Under the Immigration and Nationality Act (INA), it is illegal to discriminate against a worker, regardless of immigration or citizenship status.