It has been estimated that there are approximately 11 million to 14 million immigrants who are present without authorization in the United States at any given time. Immigration can be a sensitive issue and this article does not seek to inject itself into the various debates swirling around the nation today. Rather, this article focuses on the potential civil and criminal risks that flow from the fact that the U.S. Immigration and Customs Enforcement (ICE), which is part of the Department of Homeland Security (DHS), has made it an enforcement priority to target employers who either knowingly hire unauthorized workers or who fail to comply with the requisite employment authorization processes. The sheer numbers referenced above suggest the difficulties that a company may face when attempting to protect itself against enforcement actions by ICE. Further, a company must juggle the dual goals of compliance with immigration laws and ensuring that it maintains legal and fair employment practices.

This article outlines the most common civil and criminal exposures for employers that hire unauthorized workers, either knowingly or unwittingly, which may result from ICE’s current worksite enforcement initiative. This article then notes some basic principles for employers seeking to successfully navigate the government’s various verification requirements without running afoul of laws prohibiting employment discrimination on the basis of race, ancestry, color and/or national origin, among other categories.

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