ICE will abide by the Knowing Hire/ Continuing to Employ Fine Schedule as well as the Substantive/Uncorrected Technical Violation Fine Schedule. These schedules are formulas for determining the amount of fine that an employer may be made to pay.
It is based on determining the number of violations or the number of employees who were hired despite them being unauthorized to work in the US. For example, if there are 10 unauthorized workers, and there are a total of 100 employees in the employer’s business, the employer has 10% of its workers unauthorized. This is referred to as a violation percentage.
After the violation percentage is determined, there are standard amounts of fines that may be imposed depending on whether this is the employer’s first, second, third or subsequent offense. This is where the schedules provide the amount that may be imposed.
However, after determining the standard fine, the amount may be increased or reduced depending on the application of the enhancement matrix. The enhancement matrix comprises five factors that may serve to increase or decrease the fine imposed.
ICE will consider the employer’s business size, good faith, seriousness, unauthorized aliens, and business history. Under the enhancement matrix, a total of 25% may be added or deducted from the standard fine sought to be imposed by ICE.