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Business owners, managers, and executives can face civil fines, criminal charges, and even prison time for knowingly hiring an undocumented immigrant to drive for their company
. The specific charges and penalties depend on the severity of the offense, the number of unauthorized workers involved, and whether there is a "pattern or practice" of violations.
Civil penalties
The Department of Homeland Security (DHS) can impose civil fines for violating employment eligibility verification rules.
- Knowingly hiring or continuing to employ an unauthorized worker: Fines can range from hundreds to tens of thousands of dollars for each unauthorized employee, with penalties increasing for repeat offenses.
- Form I-9 errors: Even unintentional paperwork violations, such as improperly completing or retaining Form I-9, can result in civil fines per violation.
For more serious violations, particularly repeat offenses, employers can face criminal charges.
- "Pattern or practice" of violations: Businesses that regularly, repeatedly, and intentionally hire unauthorized workers can be subject to criminal charges, with a penalty of up to six months in prison and significant fines.
- Knowingly hiring 10 or more unauthorized workers: Hiring at least 10 people in a 12-month period with actual knowledge that they are unauthorized can lead to fines and prison sentences of up to five years.
- Harboring: Concealing, harboring, or shielding an unauthorized immigrant can result in a fine and a prison sentence. This can apply to an employer who uses a company vehicle to transport an unauthorized worker.
- Use of fraudulent documents: If an employer is found to have used fraudulent documents to satisfy employment verification requirements, they may face additional fines and imprisonment.
Beyond fines and jail time, companies that hire unauthorized workers face other serious risks:
- Reputational damage: Public violations can destroy a business's reputation and lead to a loss of customer trust.
- Debarment: Violations can result in disqualification from receiving federal government contracts.
- Civil liability: If a driver is in an accident, the company may face significant liability issues and potential loss of insurance coverage.
- Asset seizure: In extreme cases, authorities may seize company and personal assets.
While the company is liable, managers, executives, and owners can be held personally accountable depending on their level of involvement and knowledge. The government will consider factors such as the employer's good faith, the seriousness of the violation, and the company's history of past offenses.
The driver involved in the deadly Florida highway crash, known for making a U-turn, was employed by
White Hawk Carriers, Inc., a California-based company. The Federal Motor Carrier Safety Administration (FMCSA) has launched an investigation into the incident and the carrier's actions.