Criminal Penalties for Unauthorized Employment Act of 2010

Criminal Penalties for Unauthorized Employment Act of 2010 - Amends the Immigration and Nationality Act to subject an individual with direct hiring authority who knowingly hires an illegal alien to the following criminal penalties for each such alien hired: (1) $2,500 fine and/or imprisonment of up to one year for the first offense; (2) $5,000 fine and/or imprisonment of up to two years for the second offense; and (3) $10,000 fine and/or imprisonment of up to five years for the third offense. (Under current law, criminal penalties for knowingly hiring an unauthorized alien apply upon a showing of a pattern or practice of violations and have, for each such alien hired, a $3,000 maximum fine and/or imprisonment of up to six months for the entire pattern or practice.)

Increases related civil penalties as follows: (1) $1,000-$5,000 fine (under current law, $250-$2,000) for the first offense; (2) $5,000-$10,000 fine (under current law, $2,000-$5,000); and (3) $10,000-$20,000 fine (under current law, $3,000-$10,000).

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4627 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4627

 To amend the Immigration and Nationality Act to impose new penalties 
 for the knowing unlawful employment of aliens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 22, 2010

 Mr. Kratovil introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to impose new penalties 
 for the knowing unlawful employment of aliens, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Penalties for Unauthorized 
Employment Act of 2010''.

SEC. 2. NEW PENALTIES FOR UNLAWFUL EMPLOYMENT OF ALIENS.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended as follows:
            (1) Criminal penalties for individuals with hiring 
        authority.--In subsection (f)(1), to read as follows:
            ``(1) Criminal penalties.--
                    ``(A) Any individual with hiring authority who 
                violates subsection (a)(1)(A) or (a)(2) shall, for each 
                unauthorized alien with respect to whom a violation of 
                either such subsection occurred, be punished as 
                follows:


 
 
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``in the case of a first offense....  imprisoned for not more than 1 year or fined $2,500, or both
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in the case of a person previously    imprisoned for not more than 2 years or fined $5,000, or both
 convicted of one offense under this
 paragraph.
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in the case of a person previously    imprisoned for not more than 5 years or fined $10,000, or both
 convicted of more than one offense
 under this paragraph.
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                    ``(B) For purposes of this section, the term 
                `hiring authority' means direct authority to make a 
                decision to hire or to recruit or refer for a fee, an 
                individual for employment.''.
            (2) Adjustment to civil penalty.--
                    (A) In clause (i) of subsection (e)(4)(A)--
                            (i) by striking ``$250'' and inserting 
                        ``$1,000''; and
                            (ii) by striking ``$1,000'' and inserting 
                        ``$5,000''.
                    (B) In clause (ii) of such subsection--
                            (i) by striking ``$2,000'' and inserting 
                        ``$5,000''; and
                            (ii) by striking ``$5,000'' and inserting 
                        ``$10,000''.
                    (C) In clause (iii) of such subsection--
                            (i) by striking ``$3,000'' and inserting 
                        ``$10,000''; and
                            (ii) by striking ``$10,000'' and inserting 
                        ``$20,000''.
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