[Federal Register: February
26, 2008 (Volume 73, Number 38)]
[Rules and Regulations]
[Page
10130-10137]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr26fe08-2]
---------------------------------------
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 270, 274a, and
280
RIN 1653-AA39
DEPARTMENT OF JUSTICE
28 CFR Part 68
Executive Office for Immigration
Review
8 CFR Part 1274a
RIN 1125-AA61
[EOIR Docket No. 165F; A.G. Order No.
2944-2008]
Inflation Adjustment for Civil Monetary
Penalties Under Sections 274A, 274B, and 274C of the Immigration and
Nationality Act
AGENCIES: U.S. Immigration and Customs
Enforcement, DHS; Executive Office for Immigration Review,
Justice.
ACTION: Final rules.
---------------------------------------
SUMMARY: As required by the Federal
Civil Penalties Inflation Adjustment Act of 1990, as amended by the
Debt Collection Improvement Act of 1996, the Department of Homeland
Security and the Department of Justice are
[[Page 10131]]
publishing these rules adjusting for
inflation the civil monetary penalties assessed or enforced by those
two Departments under sections 274A, 274B, and 274C of the Immigration
and Nationality Act (INA). The adjusted civil money penalties are
calculated according to the specific formula laid out by law, and will
be effective for violations occurring on or after the effective date
of these rules.
DATES: These rules are effective March
27, 2008.
FOR FURTHER INFORMATION CONTACT:
Concerning amendments to 8 CFR parts 270 and 274a: Marissa Hernandez,
National Program Manager for Worksite Enforcement, Office of
Investigations, 425 I Street, NW., Washington, DC 20536, telephone
number (202) 307-0071 (not a toll free call).
Concerning amendments made to 8 CFR part
1274a and 28 CFR part 68: Kevin J. Chapman, Acting General Counsel,
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite
2600, Falls Church, Virginia 22041, telephone number (703) 305-0470
(not a toll free call).
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Pub. L. 101-410 (Adjustment Act), 28 U.S.C.
2461 note, provides for the regular evaluation of civil monetary
penalties to ensure that they continue to maintain their deterrent
effect and that penalty amounts due the Federal Government are
properly accounted for and collected.
On April 26, 1996, the President signed
into law the Omnibus Consolidated Rescissions and Appropriations Act
of 1996, Pub. L. 104- 134. Section 31001 of that Act, also known as
the Debt Collection Improvement Act of 1996 (Improvement Act), amended
the Adjustment Act to provide more effective tools for government-wide
collection of delinquent debt. Section 31001(s)(1) of the Improvement
Act added a new section 7 to the Adjustment Act providing that any
increase in a civil monetary penalty made pursuant to this Act shall
apply only to violations that occur after the date the increase takes
effect. The Improvement Act provides that the adjustments for
inflation required by the Adjustment Act should be made every four
years.
The amounts of the adjustments are
determined according to a detailed formula specified in the Adjustment
Act, incorporating a ``cost-of-living adjustment'' that is defined in
section 5(b) of the Adjustment Act as being the percentage (if any)
for each civil monetary penalty by which:
(1) The Consumer Price Index for the
month of June of the calendar year preceding the adjustment,
exceeds
(2) the Consumer Price Index for the
month of June of the calendar year in which the amount of such civil
monetary penalty was last set or adjusted pursuant to law.
In addition, section 5(a) of the
Adjustment Act provides that any increase so determined under this
formula is subject to rounding under the following specified
standards:
For penalties less than or equal to
$100, increases are rounded to multiples of $10;
For penalties greater than $100 but less
than or equal to $1,000, increases are rounded to multiples of
$100;
For penalties greater than $1,000 but
less than or equal to $10,000, increases are rounded to multiples of
$1,000;
For penalties greater than $10,000 but
less than or equal to $100,000, increases are rounded to multiples of
$5,000;
For penalties greater than $100,000 but
less than or equal to $200,000, increases are rounded to multiples of
$10,000; and
For penalties greater than $200,000,
increases are rounded to multiples of $25,000.
Section 31001(s)(2) of the Improvement
Act also provides that the first adjustment of a civil monetary
penalty made pursuant to these procedures may not exceed 10 percent of
the penalty.
II. Civil Penalties Imposed After
Hearing Before an Administrative Law Judge
These final rules revise the current
regulations implementing three different sections in the Immigration
and Nationality Act (INA) that provide for the imposition of civil
money penalties to be imposed for violations of the law, each of which
include provisions for a hearing before an administrative law judge
(ALJ) to adjudicate cases and set the amount of the penalty. The
Department of Homeland Security (DHS) has enforcement responsibilities
for two of these civil penalty provisions,\1\ while the Civil Rights
Division of the Department of Justice has enforcement responsibilities
for the third.
---------------------------------------
\1\ Although the enforcement of these
provisions of the immigration laws was initially assigned to the
Attorney General, and had been delegated to the former Immigration and
Naturalization Service (INS), the Homeland Security Act abolished the
former INS and transferred its functions to DHS, effective March 1,
2003. See 6 U.S.C. 251, 291.
---------------------------------------
Section 274A of the INA (8 U.S.C.
1324a). Section 274A provides for imposition of civil penalties for
various specified unlawful acts pertaining to the employment
eligibility verification process (Form I- 9) and the employment of
unauthorized aliens. These penalties cover, among other things, the
knowing employment of unauthorized aliens and the failure to comply
with the employment verification requirements relating to completion
of Form I-9.
U.S. Immigration and Customs Enforcement
(ICE), in DHS, conducts the investigations and initiates the process
for imposing civil money penalties with respect to employer sanctions
under section 274A of the INA and 8 CFR part 274a.
Section 274B of the INA (8 U.S.C.
1324b). Section 274B provides for imposition of civil penalties for
specified actions constituting immigration-related unfair employment
practices. These penalties cover, among other things, discrimination
against job applicants or employees based on nationality or
citizenship status, and violations of the law by an employer who
refuses to accept permissible documents presented by an employee in
compliance with the Form I-9 requirements (for example, by insisting
that an employee must present a so-called ``green card'' even though
the employee has already presented proper documentation to complete
Form I-9).
The Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC), a component
within the Civil Rights Division of the Department of Justice, is
responsible for investigating alleged violations of section 274B of
the INA pertaining to unfair immigration-related employment practices
(called ``charges''). See 28 CFR part 44. After investigating the
charges, OSC is authorized to file a complaint to initiate a civil
penalty proceeding. The law also includes a private action provision
allowing the person making a charge to file a complaint directly if
OSC has not filed a complaint within 120 days after receiving the
charges.
Section 274C of the INA (8 U.S.C.
1324c). Section 274C provides for imposition of civil penalties for
specified actions relating to immigration-related document
fraud.
ICE conducts the investigations and
initiates the process for imposing civil money penalties with respect
to document fraud under section 274C of the INA and 8 CFR part
270.
Hearings for Adjudicating Complaints and
Imposing Penalties. Each of these
[[Page 10132]]
three sections of the INA provides that,
when administrative hearings are necessary to adjudicate the
complaints and impose the civil penalties, the hearings are to be
conducted before an ALJ. Accordingly, the Attorney General established
the Office of the Chief Administrative Hearing Officer (OCAHO), an
office within the Executive Office for Immigration Review (EOIR) in
the Department of Justice, to conduct the ALJ hearings for civil
penalty actions under each of these three statutes. See 28 CFR part
68.
ALJ hearings are conducted in every case
under section 274B of the INA. However, an ALJ hearing is conducted
under sections 274A and 274C of the INA only if the subject of the
civil penalty proceeding requests an administrative hearing, after the
issuance of ICE's notice of intent to fine describing the violations
and stating the intended amount of the civil penalties. If the subject
does not submit a request for an ALJ hearing within the time allowed,
then the civil penalties are imposed as determined by ICE. If the
subject does make a timely request for a hearing, then an ALJ
adjudicates the alleged violations and issues a decision, including a
determination of the amount of the civil penalties imposed for any
violations found, pursuant to the rules in 28 CFR part 68. An ALJ
decision in a case arising under section 274A or 274C of the INA is
subject to review by the Chief Administrative Hearing Officer and the
Attorney General, as provided in 28 CFR 68.54 and 68.55.
Because both DHS and EOIR can impose
penalties relating to employer sanctions and document fraud cases
(sections 274A and 274C, respectively), the current regulations of
both Departments specify the range of penalties applicable in these
kinds of cases. As noted above, the minimum and maximum civil penalty
amounts for each violation will necessarily be the same whether the
penalties are imposed by DHS without a hearing, or by OCAHO after an
administrative hearing. See 8 CFR 274a.10 and 270.3; 28 CFR 68.52(c)
and (e).
III. Adjustment of Civil Money
Penalties
Under the Adjustment Act, as amended,
federal agencies are obligated to adopt, by regulation, revised
amounts for statutory civil penalties in order to account for
inflation. These regulations carry out that statutory mandate. Since
the statutory formula is extremely detailed, leaving no discretion as
to setting the specific amounts, these rules implement the new
inflation adjustments for the civil penalties without the need for a
notice and comment period.
Pursuant to the authority of the
Adjustment Act, the Department of Justice has previously adjusted the
civil money penalties for inflation, increasing the specific amounts
stated in sections 274A, 274B, and 274C of the INA. The amounts of the
civil money penalties currently being imposed under these provisions
were last adjusted for inflation in 1999. See 64 FR 7066 (Feb. 12,
1999) (amending 28 CFR part 68); 64 FR 47099 (Aug. 30, 1999) (amending
8 CFR parts 270 and 274a, among others). Since then, as noted, the
division of responsibilities between the Attorney General and the
Secretary of DHS requires action by both Departments in order to
effectuate a further adjustment of the civil penalties, since the
current civil penalty amounts are codified in the implementing
regulations of both Departments.
In these final rules, the Secretary is
amending 8 CFR parts 274a and 270 of the DHS regulations to
incorporate the revised schedule of civil penalties, as adjusted for
inflation according to the statutory formula described
above.
At the same time, the Attorney General
is amending 28 CFR part 68 of the Justice Department regulations (the
rules governing ALJ proceedings in OCAHO) to make conforming changes
reflecting the adjusted schedule of civil penalties.
The Attorney General is also revising a
provision in the EOIR regulations, 8 CFR part 1274a.10, to eliminate
the current language and to substitute a cross-reference to the
existing DHS regulations in 8 CFR part 274a and the existing OCAHO
regulations in 28 CFR part 68. Section 1274a.10, which simply
reproduces the existing DHS regulations at 8 CFR 274a.10, was
promulgated in 2003, in connection with the transfer of authority from
the former INS to DHS. To ensure that all relevant authority relating
to the shared responsibilities was preserved, the Attorney General at
that time duplicated in their entirety the regulations in 8 CFR part
274a (which were being transferred to DHS) into the then-new part
1274a so that these provisions would also continue to be part of the
Attorney General's regulations. See 68 FR 9824 (Feb. 28, 2003).
However, since the penalty provisions in section 1274a.10 do not add
anything to the existing regulatory provisions, the Attorney General
is now revising section 1274a.10 to eliminate the duplicative language
and to substitute new language cross-referencing the existing DHS
regulations in 8 CFR 274a.10 and the existing OCAHO regulations in 28
CFR part 68.
As noted, the current amounts of the
civil money penalties under these three statutory provisions were last
adjusted, by regulation, in 1999. Pursuant to section 5(b) of the
Adjustment Act, the cost of living adjustment is calculated with
reference to the Consumer Price Index for all urban consumers for June
1999 (497.9) and for June 2007 (the year preceding the current
inflation adjustments) (624.1). This works out to an inflation
adjustment of 25.35 percent. Pursuant to the statutory formula
specified in the Adjustment Act, the civil money penalties under
sections 274A, 274B, and 274C of the INA are being adjusted as
indicated in the chart below.
It should be noted that when the
inflation adjustment formula was applied in 1999, not all of the
penalties were affected. A few remained unchanged because the
inflation adjustment when the calculations were last made in 1999 was
too small to warrant an inflation increase under the statutory
rounding formula set forth in the Adjustment Act. Nonetheless, for the
convenience of the reader, we have reproduced those provisions in the
chart.
Two sets of penalties were not adjusted
before because they were below the threshold for an inflation
adjustment in 1999, the last time the penalties were adjusted for
inflation, but they are being adjusted by this rule:
Section 403(a)(4)(C)(ii) of the Illegal
Immigration Reform and Immigrant Responsibility Act, Pub. L. 104-208,
Div. C (codified at 8 U.S.C. 1324a note and described in 28 CFR
68.52(c)(6)) provides for a civil penalty of not less than $500 and
not more than $1,000 for an employer participating in the electronic
employment eligibility verification program who fails to notify DHS
that it ultimately was unable to confirm an employee's employment
eligibility.
Section 274C(a) of the INA was amended
in 1997 to provide for a civil penalty of not less than $250 and not
exceeding $2,000 in two additional circumstances: paragraph (5) covers
preparing, filing, or assisting others in preparing or filing falsely
made or fraudulent documents or each proscribed activity; and
paragraph (6) relates to presenting a travel document to board an air
or sea carrier but then failing to present that document upon arrival
at the U.S. port of entry.
Because these penalties are being
adjusted for the first time, the penalties are being increased by ten
percent, the maximum allowable increase for initial increases provided
for by section 31001(s)(2) of the Improvement Act. In
[[Page 10133]]
addition, this rule makes a conforming
change to 8 CFR 280.53, which references the second set of penalties,
since these penalties are now being adjusted.
Hiring, recruiting and referral employer
sanctions, first order
(SEE PDF VERSION FOR TABLE)
Hiring, recruiting and referral employer
sanctions, second order
(SEE PDF VERSION FOR TABLE)
Hiring, recruiting and referral employer
sanctions, subsequent order
(SEE PDF VERSION FOR TABLE)
Paperwork violation
(SEE PDF VERSION FOR TABLE)
Violation relating to participating
employer's failure to notify DHS of final nonconfirmation of
employee's employment eligibility [Not previously adjusted]
(SEE PDF VERSION FOR TABLE)
Unlawful employment of aliens, per
person, first order
(SEE PDF VERSION FOR TABLE)
Unlawful employment of aliens, per
person, second order
(SEE PDF VERSION FOR TABLE)
Unlawful employment of aliens, per
person, subsequent order
(SEE PDF VERSION FOR TABLE)
Violation/prohibition of indemnity
bonds
(SEE PDF VERSION FOR TABLE)
Document fraud, first order--for
violations described in 8 U.S.C. 1324c(a)(1)-(4)
(SEE PDF VERSION FOR TABLE)
Document fraud, subsequent order--for
violations described in 8 U.S.C. 1324c(a)(1)-(4)
(SEE PDF VERSION FOR TABLE)
Document fraud, first order--for
violations described in 8 U.S.C. 1324c(a)(5)-(6) [Not previously
adjusted.]
(SEE PDF VERSION FOR TABLE)
Document fraud, subsequent order--for
violations described in 8 U.S.C. 1324c(a)(5)-(6) [Not previously
adjusted.]
(SEE PDF VERSION FOR TABLE)
Unfair immigration-related employment
practices, per person, first order
(SEE PDF VERSION FOR TABLE)
Unfair immigration-related employment
practices, per person, second order
(SEE PDF VERSION FOR TABLE)
Unfair immigration-related employment
practices, per person, subsequent order
(SEE PDF VERSION FOR TABLE)
Unfair immigration-related employment
practices, document abuse
(SEE PDF VERSION FOR TABLE)
Again, these changes are being made
pursuant to a detailed statutory formula that does not allow for any
discretion or any variances from the results calculated. The higher
civil penalty amounts will be effective for violations occurring on or
after the effective date of these rules. For violations occurring
prior to the effective date of these rules, the civil penalty amounts
set forth in the current regulations will continue to
apply.\2\
---------------------------------------
\2\ The current regulations, which
implemented the last set of inflation adjustments in 1999, also
include the ranges of civil penalty amounts for violations that
occurred prior to the adjustment; that is, for violations that
occurred prior to September 29, 1999, as well as violations that
occurred after the 1999 adjustments were adopted. At this point, the
revised regulations being adopted in these final rules do not set
forth the civil penalty amounts for violations that occurred prior to
the adoption of the adjusted civil penalty schedules in 1999, more
than 8 years ago. Title 28 of the United States Code contains a
``general'' four- year statute of limitations for civil actions where
no precise statute of limitations has been specified. 28 U.S.C. 1658.
In any event, the amounts of the civil penalties for violations
occurring prior to the adoption of the 1999 regulations have already
been codified in the regulations as they were in effect from 1999
until the day before the effective date of these new rules.
---------------------------------------
These rules fulfill the obligations of
the Secretary and the Attorney General under the Adjustment Act, as
amended, to adjust for inflation the civil monetary penalties under
these three statutory provisions for which both Departments
[[Page 10135]]
have implementing responsibilities. In
separate rulemaking actions in the future, the Secretary will be
adjusting other civil money penalties that are within the
responsibility of DHS, and the Attorney General will be adjusting
other civil money penalties that are within the responsibility of the
Department of Justice. See, e.g., 8 CFR 280.53; 28 CFR part
85.
IV. Regulatory Analyses
Administrative Procedure Act, 5 U.S.C.
553
The Secretary and the Attorney General
find that good cause exists under 5 U.S.C. 553(b)(3)(B) for immediate
implementation of these final rules without prior notice and comment.
These rules are a nondiscretionary ministerial action to conform the
amount of civil penalties assessed or enforced by the Department of
Homeland Security and the Department of Justice according to the
statutorily mandated ranges as adjusted for inflation. The Secretary
and the Attorney General are under a legal obligation to adjust these
civil penalties for inflation. The calculation of these inflation
adjustments follows the specific mathematical formula set forth in
section 5 of the Adjustment Act.
Regulatory Flexibility Act
The Secretary and the Attorney General,
in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),
have reviewed these rules and by approving them certify that they will
not have a significant economic impact on a substantial number of
small entities. Only those entities which are determined to have
violated Federal law and regulations would be affected by the
inflation adjustments made by these rules, pursuant to the statutory
requirement under the Adjustment Act, for the penalties imposed under
sections 274A, 274B, and 274C of the INA.
Executive Order 12866--Regulatory
Planning and Review
These rules have been drafted and
reviewed in accordance with Executive Order 12866, section 1(b),
Principles of Regulation. The Secretary and the Attorney General have
determined that these rules are not ``significant regulatory actions''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review, and accordingly these rules have not been reviewed by the
Office of Management and Budget.
Executive Order
13132--Federalism
These rules will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 13132, it is determined that these
rules do not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Executive Order 12988--Civil Justice
Reform
These rules meet the applicable
standards set forth in sections 3(a) and 3(b)(2) of Executive Order
12988.
Unfunded Mandates Reform Act of
1995
These rules will not result in the
expenditure by State, local and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year, and
will not significantly or uniquely affect small governments.
Therefore, no actions were deemed necessary under the provisions of
the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
These rules are not major rules as
defined by the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 804. These rules will not result in an annual effect on
the economy of $100 million or more; a major increase in costs or
prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based companies to compete with foreign-based companies in
domestic and export markets.
Paperwork Reduction Act
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104-13, 44 U.S.C. chapter 35, and
its implementing regulations, 5 CFR part 1320, do not apply to these
rules because there are no new or revised recordkeeping or reporting
requirements.
List of Subjects
8 CFR Part 270
Administrative practice and procedure,
Immigration, Law enforcement.
8 CFR Part 274a
Administrative practice and procedure,
Immigration, Law enforcement.
8 CFR Part 280
Administrative practice and procedure,
Immigration, Law enforcement.
8 CFR Part 1274a
Administrative practice and procedure,
Immigration.
28 CFR Part 68
Administrative practice and procedure,
Aliens, Citizenship and naturalization, Civil Rights, Discrimination
in employment, Employment, Equal employment opportunity, Immigration,
Nationality, Non- discrimination.
Department of Homeland
Security
8 CFR Chapter I
Accordingly, for the reasons set forth
in the preamble and pursuant to my authority as Secretary of Homeland
Security, parts 270, 274a, and 280 of chapter I of title 8 of the Code
of Federal Regulations are amended as follows:
PART 270--PENALTIES FOR DOCUMENT
FRAUD
1. The authority citation for part 270
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, and
1324c; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134,
110 Stat. 1321.
2. Section 270.3 is amended by revising
paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B), and adding paragraphs
(b)(1)(ii)(C) and (b)(1)(ii)(D), to read as follows:
Sec. 270.3 Penalties.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) First offense under section
274C(a)(1) through (a)(4). Not less than $275 and not exceeding $2,200
for each fraudulent document or each proscribed activity described in
section 274C(a)(1) through (a)(4) of the Act before March 27, 2008,
and not less than $375 and not exceeding $3,200 for each fraudulent
document or each proscribed activity on or after March 27,
2008.
(B) First offense under section
274C(a)(5) or (a)(6). Not less than $250 and not exceeding $2,000 for
each fraudulent document or each proscribed activity described in
section 274C(a)(5) or (a)(6) of the Act before March 27, 2008, and not
less than $275 and not exceeding $2,200, for each fraudulent document
or each proscribed activity on or after March 27, 2008.
(C) Subsequent offenses under section
274C(a)(1) through (a)(4). Not less than $2,200 and not more than
$5,500 for
[[Page 10136]]
each fraudulent document or each
proscribed activity described in section 274C(a)(1) through (a)(4) of
the Act before March 27, 2008, and not less than $3,200 and not
exceeding $6,500, for each fraudulent document or each proscribed
activity occurring on or after March 27, 2008.
(D) Subsequent offenses under section
274C(a)(5) or (a)(6). Not less than $2,000 and not more than $5,000
for each fraudulent document or each proscribed activity described in
section 274C(a)(5) or (a)(6) of the Act before March 27, 2008, and not
less than $2,200 and not exceeding $5,500, for each fraudulent
document or each proscribed activity occurring on or after March 27,
2008.
* * * * *
PART 274a--CONTROL OF EMPLOYMENT OF
ALIENS
3. The authority citation for part 274a
is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 8
CFR part 2; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L.
104-134, 110 Stat. 1321.
4. Section 274a.10 is amended by
revising paragraphs (b)(1)(ii)(A), (b)(1)(ii)(B), and (b)(1)(ii)(C) to
read as follows:
Sec. 274a.10 Penalties.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) First offense--not less than $275
and not more than $2,200 for each unauthorized alien with respect to
whom the offense occurred before March 27, 2008, and not less than
$375 and not exceeding $3,200, for each unauthorized alien with
respect to whom the offense occurred occurring on or after March 27,
2008;
(B) Second offense--not less than $2,200
and not more than $5,500 for each unauthorized alien with respect to
whom the second offense occurred before March 27, 2008, and not less
than $3,200 and not more than $6,500, for each unauthorized alien with
respect to whom the second offense occurred on or after March 27,
2008; or
(C) More than two offenses--not less
than $3,300 and not more than $11,000 for each unauthorized alien with
respect to whom the third or subsequent offense occurred before March
27, 2008 and not less than $4,300 and not exceeding $16,000, for each
unauthorized alien with respect to whom the third or subsequent
offense occurred on or after March 27, 2008; and
* * * * *
PART 280--IMPOSITION AND COLLECTION OF
FINES
5. The authority citation for part 280
continues to read as follows:
Authority: 8 U.S.C. 1103, 1221, 1223,
1227, 1229, 1253, 1281, 1283, 1284, 1285, 1286, 1322, 1323, and 1330;
66 Stat. 173, 195, 197, 201, 203, 212, 219, 221-223, 226, 227, 230;
Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110
Stat. 1321.
Sec. 280.53 [Amended].
6. Section 280.53 is amended by removing
and reserving paragraph (d)(3).
Department of Justice
Accordingly, for the reasons set forth
in the preamble and pursuant to my authority as Attorney General, part
1274a of chapter V of title 8 of the Code of Federal Regulations and
part 68 of chapter I of title 28 of the Code of Federal Regulations
are amended as follows:
8 CFR Chapter V
PART 1274a--CONTROL OF EMPLOYMENT OF
ALIENS
1. The authority citation for part 1274a
is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103,
1324a.
2. Section 1274a.10 is revised to read
as follows:
Sec. 1274a.10 Penalties.
The regulations pertaining to the
imposition of penalties for violations of the provisions of section
274A of the Immigration and Nationality Act are contained in 8 CFR
part 274a and 28 CFR part 68.
28 CFR Chapter I
PART 68--RULES OF PRACTICE AND PROCEDURE
FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES
INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR
IMMIGRATION- RELATED EMPLOYMENT PRACTICES, AND DOCUMENT
FRAUD
3. The authority citation is revised to
read as follows:
Authority: 5 U.S.C. 301, 554; 8 U.S.C.
1103, 1324a, 1324b, and 1324c; Pub. L. 101-410, 104 Stat. 890, as
amended by Pub. L. 104- 134, 110 Stat. 1321.
4. In Sec. 68.52, revise paragraphs
(c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(6), (d)(1)(viii), (d)(1)(ix),
(d)(1)(x), (e)(1)(i), and (e)(1)(ii) and add paragraphs (e)(1)(iii)
and (iv) to read as follows:
Sec. 68.52 Final order of the
Administrative Law Judge.
* * * * *
(c) * * *
(1) * * *
(i) Not less than $275 and not more than
$2,200 for each unauthorized alien with respect to whom there was a
violation of either such paragraph occurring before March 27, 2008;
not less than $375 and not more than $3,200 for each unauthorized
alien with respect to whom there was a violation of either such
paragraph occurring on or after March 27, 2008;
(ii) In the case of a person or entity
previously subject to one final order under this paragraph (c)(1), not
less than $2,200 and not more than $5,500 for each unauthorized alien
with respect to whom there was a violation of either such paragraph
occurring before March 27, 2008, and not less than $3,200 and not more
than $6,500 for each unauthorized alien with respect to whom there was
a violation of either such paragraph occurring on or after March 27,
2008; or
(iii) In the case of a person or entity
previously subject to more than one final order under paragraph (c)(1)
of this section, not less than $3,300 and not more than $11,000 for
each unauthorized alien with respect to whom there was a violation of
each such paragraph occurring before March 27, 2008, and not less than
$4,300 and not more than $16,000 for each unauthorized alien with
respect to whom there was a violation of each such paragraph occurring
on or after March 27, 2008.
* * * * *
(6) With respect to a violation of
section 274A(a)(1)(B) of the INA where a person or entity
participating in a pilot program has failed to provide notice of final
nonconfirmation of employment eligibility of an individual to the
Attorney General as required by Pub. L. 104-208, Div. C, section
403(a)(4)(C), 110 Stat. 3009, 3009-661 (1996) (codified at 8 U.S.C.
1324a (note)), the final order under this paragraph shall require the
person or entity to pay a civil penalty in an amount of not less than
$500 and not more than $1,000 for each individual with respect to whom
such violation occurred before March 27, 2008, and not less than $550
and not more than $1,100 for each individual with respect to whom such
violation occurred on or after March 27, 2008.
* * * * *
(d) * * *
(1) * * *
* * * * *
[[Page 10137]]
(viii) Except as provided in paragraph
(d)(1)(xii) of this section, to pay a civil penalty of not less than
$275 and not more than $2,200 for each individual discriminated
against before March 27, 2008, and not less than $375 and not more
than $3,200 for each individual discriminated against on or after
March 27, 2008;
(ix) Except as provided in paragraph
(d)(1)(xii) of this section, in the case of a person or entity
previously subject to a single final order under section 274B(g)(2) of
the INA, to pay a civil penalty of not less than $2,200 and not more
than $5,500 for each individual discriminated against before March 27,
2008, and not less than $3,200 and not more than $6,500 for each
individual discriminated against on or after March 27,
2008;
(x) Except as provided in paragraph
(d)(1)(xii) of this section, in the case of a person or entity
previously subject to more than one final order under section
274B(g)(2) of the INA, to pay a civil penalty of not less than $3,300
and not more than $11,000 for each individual discriminated against
before March 27, 2008, and not less than $4,300 and not more than
$16,000 for each individual discriminated against on or after March
27, 2008;
* * * * *
(e) * * *
(1) * * *
(i) Not less than $275 and not more than
$2,200 for each document that is the subject of a violation under
section 274C(a)(1) through (4) of the INA before March 27, 2008, and
not less than $375 and not more than $3,200 for each document that is
the subject of a violation under section 274C(a)(1) through (4) of the
INA on or after March 27, 2008;
(ii) Not less than $250 and not more
than $2,000 for each document that is the subject of a violation under
section 274C(a)(5) or (6) of the INA before March 27, 2008, and not
less than $275 and not more than $2,200 for each document that is the
subject of a violation under section 274C(a)(5) or (6) of the INA on
or after March 27, 2008;
(iii) In the case of a respondent
previously subject to one or more final orders under section
274C(d)(3) of the INA, not less than $2,200 and not more than $5,500
for each document that is the subject of a violation under section
274C(a)(1) through (4) of the INA before March 27, 2008, and not less
than $3,200 and not more than $6,500 for each document that is the
subject of a violation under section 274C(a)(1) through (4) of the INA
on or after March 27, 2008; or
(iv) In the case of a respondent
previously subject to one or more final orders under section
274C(d)(3) of the INA, not less than $2,000 and not more than $5,000
for each document that is the subject of a violation under section
274C(a)(5) or (6) of the INA before March 27, 2008, and not less than
$2,200 and not more than $5,500 for each document that is the subject
of a violation under section 274C(a)(5) or (6) of the INA on or after
March 27, 2008.
* * * * *
Dated: January 23, 2008.
Michael B.
Mukasey,
Attorney General, Department of Justice.
Dated:
February 11, 2008.
Michael Chertoff,
Secretary, Department of
Homeland Security.
[FR Doc. E8-3320 Filed 2-25-08; 8:45
am]
BILLING CODE
4410-10-P
