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INA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS
Sec. 274A. [8 U.S.C. 1324a]
(a) Making Employment of Unauthorized Aliens Unlawful.-
(1) In general.-It is unlawful for a person or other entity-
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien
knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such
employment, or
(B) (i) to hire for employment in the United States an individual without complying with the
requirements of subsection (b) or (ii) if the person or entity is an agricultural association,
agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and
Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for
employment in the United States an individual without complying with the requirements of
subsection (b).
(2) Continuing employment.-It is unlawful for a person or other entity, after hiring an alien for
employment in accordance with paragraph (1), to continue to employ the alien in the United
States knowing the alien is (or has become) an unauthorized alien with respect to such
employment.
(3) Defense.-A person or entity that establishes that it has complied in good faith with the
requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of
an alien in the United States has established an affirmative defense that the person or entity has
not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
(4) Use of labor through contract.-For purposes of this section, a person or other entity who
uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date
of the enactment of this section, to obtain the labor of an alien in the United States knowing that
the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing
such labor, shall be considered to have hired the alien for employment in the United States in
violation of paragra ph (1)(A).
Cont...
(7) Administrative appellate review.-The decision and order of an administrative law judge
shall become the final agency decision and order of the Attorney General unless either (A)
within 30 days, an official delegated by regulation to exercise review authority over the decision
and order modifies or vacates the decision and order, or (B) within 30 days of the date of such a
modification or vacation (or within 60 days of the date of decision and order of an administrative
law judge if not so modif ied or vacated) the decision and order is referred to the Attorney
General pursuant to regulations, 7/ in which case the decision and order of the Attorney General
shall become the final agency decision and order 8/ under this subsection. The Attorney
General may not delegate the Attorney General's authority under this paragraph to any entity
which has review authority over immigration-related matters.
(8) Judicial review.-A person or entity adversely affected by a final order respecting an
assessment may, within 45 days after the date the final order is issued, file a petition in the
Court of Appeals for the appropriate circuit for review of the order.
(9) Enforcement of orders.-If a person or entity fails to comply with a final order issued under
this subsection against the person or entity, the Attorney General shall file a suit to seek
compliance with the order in any appropriate district court of the United States. In any such suit,
the validity and appropriateness of the final order shall not be subject to review.
(f) Criminal Penalties and Injunctions for Pattern or Practice Violations.-
(1) Criminal penalty.-Any person or entity which engages in a pattern or practice of violations
of subsection (a)(1)(A) or (a)(2) shall be fined not more than $3,000 for each unauthorized alien
with respect to whom such a violation occurs, imprisoned for not more than six months for the
entire pattern or practice, or both, notwithstanding the provisions of any other Federal law
relating to fine levels.
(2) Enjoining of pattern or practice violations.-Whenever the Attorney General has reasonable
cause to believe that a person or entity is engaged in a pattern or practice of employment,
recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney
General may bring a civil action in the appropriate district court of the United States requesting
such relief, including a permanent or temporary injunction, restraining order, or other order
against the person or entit y, as the Attorney General deems necessary.
(g) Prohibition of Indemnity Bonds.-
(1) Prohibition.-It is unlawful for a person or other entity, in the hiring, recruiting, or referring
for employment of any individual, to require the individual to post a bond or security, to pay or
agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any
potential liability arising under this section relating to such hiring, recruiting, or referring of the
individual.
(2) Civil penalty.-Any person or entity which is determined, after notice and opportunity for an
administrative hearing under subsection (e), to have violated paragraph (1) shall be subject to a
civil penalty of $1,000 for each violation and to an administrative order requiring the return of
any amounts received in violation of such paragraph to the employee or, if the employee cannot
be located, to the general fund of the Treasury.
(h) Miscellaneous Provisions.-
(1) Documentation.-In providing documentation or endorsement of authorization of aliens
(other than aliens lawfully admitted for permanent residence) authorized to be employed in the
United States, the Attorney General shall provide that any limitations with respect to the period
or type of employment or employer shall be conspicuously stated on the documentation or
endorsement.
(2) Preemption.-The provisions of this section preempt any State or local law imposing civil or
criminal sanctions (other than through licensing and similar laws) upon those who employ, or
recruit or refer for a fee for employment, unauthorized aliens.
(3) Definition of unauthorized alien.-As used in this section, the term "unauthorized alien"
means, with respect to the employment of an alien at a particular time, that the alien is not at
that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be
so employed by this Act or by the Attorney General.
Source - http://www.justice.gov/eoir/OcahoMain/274a.pdf