In a bold shift, the US Department of Justice (DOJ) has issued a new memorandum that places immigration enforcement at the forefront of federal priorities. This memo, which could have far-reaching consequences for employers across the nation, directs federal prosecutors to prioritize immigration-related cases, including those involving undocumented workers. As a result, businesses could soon face criminal charges for employing undocumented immigrants or H-1B visa holders in violation of immigration laws.
According to the memo, issued recently, the DOJ now views “immigration enforcement” as a central issue, partly due to the significant increase in illegal immigration over recent years. The policy aims to strengthen prosecution efforts by pushing US Attorneys’ Offices to pursue charges under various immigration statutes, a move that could significantly affect employers across the US, particularly those who have hired foreign workers.
New policy prioritizes prosecution of immigration-related violations
The memo specifies that federal prosecutors should take a tough stance on criminal immigration violations. These violations include harboring, transporting, or employing individuals who are unlawfully present in the United States. As reported by Forbes, the DOJ’s new approach refers to legal provisions like 8 USC. 1324, which targets employers who knowingly or recklessly hire undocumented workers. Previously, such cases may not have been pursued as aggressively, but under the new policy, the DOJ has been instructed to act swiftly and comprehensively.
“For employers, this means that oversight will increase significantly, and even minor missteps could lead to severe legal consequences,” said Chris Thomas, a partner at Holland & Hart, as quoted by Forbes. The policy is also expected to apply to third-party employers and staffing agencies that may unknowingly harbor or employ undocumented workers, placing additional responsibility on them.
Increased penalties and legal risks for employers
With the DOJ now prioritizing immigration violations, employers could face significant fines and even imprisonment if found guilty of breaching immigration laws. The memo directs the DOJ to actively pursue criminal charges for violations of statutes like 1324, which mandates penalties for harboring or concealing undocumented immigrants. The penalties include fines and possible prison sentences of up to five years.
The potential for criminal prosecution is especially heightened for employers of H-1B visa holders. These businesses could find themselves under the microscope, particularly if there is any misrepresentation in their immigration filings or if they fail to comply with federal regulations during routine site visits by US Citizenship and Immigration Services (USCIS). As quoted by Forbes, Vic Goel of Goel & Anderson emphasized that “employers should prepare for USCIS site visits, even at third-party work locations.”
Immigration enforcement to affect small businesses
The memo’s implications could be particularly impactful for small business owners. Federal authorities are already ramping up enforcement through I-9 audits and other investigative methods. According to Forbes, small businesses may find themselves vulnerable during immigration raids if they lack proper documentation or if they engage in practices deemed to violate immigration laws.
In light of the DOJ’s heightened focus on immigration enforcement, experts urge employers to implement stricter compliance measures to safeguard against potential legal challenges. The coming months could see a significant increase in investigations and criminal charges, making it crucial for US employers to remain vigilant in their hiring practices.
