More than 8 million people are working illegally in the United States and that number is on the rise. Employers must be on their guard not to hire illegal aliens or face dire consequences in the form of penalties, business shutdown, and/or prison time.

But those who want to work in the U.S. illegally are smart and they’ve researched the issue. They use counterfeit Social Security and green cards to get hired. It’s difficult for employers to know they’re illegal. But even if you hire that person unknowingly, you’ll have to PROVE it to the Feds—a difficult situation indeed.

Most Undocumented Immigrants Are in the Labor Force.

About eight million of the nearly 11 million immigrants unlawfully in the United States participate in the labor force. They account for about 5 percent of all workers, according to the Pew Research Center.

Pew lists the industries employing the most illegals as agriculture, construction, and leisure/hospitality. Professional and business services, as well as manufacturing, follow. Unauthorized immigrants are more likely than U.S.-born workers to be employed in industries offering low-skilled jobs, due partly to relatively low education levels and limits of their status.

Illegal Workers by Geography

In a New York Times article, “8 Million People Are Working Illegally in the U.S. Here’s Why That’s Unlikely to Change,” writer Miriam Jordan states that unauthorized immigrants in 2016 represented 10.6 percent of the labor force in Nevada, 8.6 percent in California, and 8.2 percent in Texas.

In states like Georgia and North Carolina, their presence has grown rapidly to represent 5.4 percent and 4.5 percent, respectively, of the labor force. In all but four states, service occupations (waiter, dishwasher, maid) draw the largest number of undocumented immigrants.

Even in Massachusetts, with over 250,000 unauthorized immigrants, there are over 12,000 illegal workers (if we go by Pew’s research stating 4.8% of unauthorized immigrants are employed illegally overall).

Penalties Can Be Severe.

According to Legal Match, hiring illegal immigrants can lead to many harsh penalties, such as criminal and civil fines and loss of business licenses.

Most fines are broken down to the following:

• First offenders can be fined $250-$2,000 per illegal employee.

• For a second offense, the fine is $2,000-$5,000 per illegal employee.

• Three or more offenses can cost an employer $3000-$10,000 per illegal employee. A pattern of knowingly employing illegal immigrants can mean extra fines and up to six months in jail.

This doesn’t include “harboring” illegal immigrants, or employing ten or more illegal immigrants in one year. Harboring an illegal immigrant can lead to ten years in prison.

Additionally, employers should be aware of the Rackateer Influenced Corrupt Organizations (RICO) Act. Employers can be sued under the act for hiring illegal immigrants, and can face large settlement deals. The lawfully documented workers of the Zirkle Fruit Company recently settled a class action lawsuit brought under RICO. The suit alleged that their employer knowingly hired undocumented workers, driving down their wages.

But what if the illegal immigrant uses a false or stolen identity? Employers are required to make a “good faith” effort to ensure their employees are legally permitted to work in the country. This includes checking social security numbers and making sure the numbers are valid. It’s illegal for employers to not verify work authorization. Three days after an employee is hired, employers should correctly complete an I-9. Failing to do so will subject employers to criminal and civil punishment.

What Counts as Hiring an Illegal Immigrant?

According to Legal Match, it is illegal under federal law for employers to engage with illegal immigrants in the following manner:

• Hiring illegal immigrants

• Recruiting illegal immigrants

• Referring illegal immigrants for work and receiving a fee

This also includes hiring contractors who use illegal immigrants. Criminal and civil penalties will apply.

As mentioned above, it is also illegal for employers to not verify work authorization. No employee should work without a completed I-9.

How to Avoid Hiring an Illegal Contractor

These are things you can do:

• Make sure they’re bonded, licensed and insured.

• Make sure to perform a professional, extensive background check.

• Make sure the company is really a company—a real company pays payroll and income taxes. Ask the company to prove all taxes are being paid.

• Make sure the company YOU hire only hires LEGAL CITIZENS. 

Why Choose The Hire Authority for Your Background Screening?

Be safe, not sorry. At The Hire Authority we are thorough in our screening, which guarantees that you will receive information that is current and relevant. We care about your security and we will work to keep you safe from harm or unnecessary problems.

We’d be happy to answer any questions you may have and give you a quote. Call (508) 230-5901 or visit our website www.hireauth.com.

The foregoing should not be construed as legal advice. Employers should always consult their own legal counsel for advice on labor and employment matters.