no shade intended, just thoughts and prayers, y’all😇
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Border agents don’t call a prosecutor when they decide to fine someone. A prosecutor gets involved further down the line. Lassie said she is an immigration lawyer and you still refute what she says. Have you never received a speeding ticket? You don’t see a prosecutor until you get to court. Why would anyone want to risk getting fined for taking on an international sitter? That is the question. Or for an international sitter to come and then get turned away at the border?
This may interest some people. However, as an immigration lawyer with almost 30 years experience in immigration law, I trust my own opinion. I am not board-certified, because getting that certification would have required spending months learning areas of immigration law that I never wanted to practice (mainly removal (deportation) and asylum). However, I have far more experience in employment-based immigration than many board-certified lawyers. I know board-certified immigration lawyers that I would not trust with these questions. I worked with one who would refer all his employment immigration questions to me!
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Fining / prosecuting a host isn’t something a border agent is able to do without an investigation. By contrast, they’re legally able to do that with travelers, especially at airports and ports. Foreigners don’t have the same rights as residents, including hosts.
At one point in my news career, I covered U.S. federal and state courts and was required to check daily for newsworthy cases. Many reporters cut their teeth on something similar, making daily calls to authorities. They would for instance flag INS raids to us and we might pursue the bigger cases. Reporters also routinely have to check court dockets for newsworthy cases. Even as journalism students in college, we cut our teeth on such.
Prosecutors (not border agents) decide whom to prosecute among the bosses. Such cases are prevalent in border states where I worked.
If a border agent detains a worker, the case may be transferred to U.S. Immigration and Customs Enforcement (ICE), which could further investigate and potentially fine the employer.
Now if someone is fined and pays, it never goes to court. If someone disputes, it goes to court. So if you are a reporter, you will see the cases that go to court. Not all the people that are fined. And ICE fines would be federal and may not be in border states. Someone in IOWA could be holding a festival and has volunteers. Like that CDN who was planing to volunteer at a festival and get free meals. He was stopped at the border. How would you see someone in IOWA or Colorado getting fined by ICE?
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ICE can’t just automatically fine a host, because they’d have to prove that they knew they were hosting someone illegally. There’s no just fining someone without an investigation in such a case.
Yes, ICE (U.S. Immigration and Customs Enforcement) can fine employers for violations of immigration laws, particularly those related to Form I-9 (Employment Eligibility Verification). These fines can range from civil penalties for minor violations to criminal penalties for more serious offenses, including knowingly hiring unauthorized workers.
How ICE can fine employers:
- Form I-9 Violations:
Employers can be fined for failing to properly complete, retain, and/or make Forms I-9 available for inspection. This includes technical errors (which can be corrected within a timeframe) and substantive errors (which cannot be corrected).
- Knowingly Hiring Unauthorized Workers:
Employers who knowingly hire or continue to employ unauthorized workers can face significant fines.
- Other Violations:
ICE may also impose fines for other immigration-related violations, such as engaging in unfair immigration-related practices or failing to comply with E-Verify requirements.
Types of Penalties:
- Civil Penalties:
These are monetary fines that can range from $281 to $27,894 per violation, depending on the severity and history of non-compliance.
- Criminal Penalties:
For more serious violations, including willful and repeated offenses, criminal penalties may be imposed, including fines, imprisonment, and debarment from government contracts.
- Debarment:
This prevents employers from participating in future federal contracts and receiving certain benefits like federal loans and grants.
Examples of Violations That Can Lead to Fines:
- Failing to obtain or retain Form I-9s for employees.
- Failing to correctly complete Form I-9s.
- Knowingly hiring or continuing to employ unauthorized workers.
- Failing to comply with E-Verify requirements.
- Discrimination based on citizenship or national origin.
There is a reality show about border officers. And they call people, where the incoming person says they are staying, or volunteering. And they are told they could face fines. If an HO was on the receiving end of one of these calls, would they be intimidated enough not to confirm international applicants? That is the point in this whole discussion. Not the likelihood of someone actually getting a fine or being charged. Would the possibility of being sent back or someone getting fined enough to deter. And that is what people are saying. The risk is not worth entering.
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As we’ve seen on countless discussions, everyone has different perspectives and risk tolerances. What folks need to know when it comes to risks is what their odds are. That’s why for instance lawyers don’t tell clients what to do — they lay out context and can estimate the odds of X happening. Then clients decide for themselves, because they’re the ones who’d face the consequences, not the lawyer — and in this case, not you or I.
Everyone’s circumstances are different. Like I posted a story on a separate thread about a guy who quit his job and bought a sailboat and went sailing solo to Hawaii with just his cat. He’s fulfilling a life dream, because time is running out for him, given a serious health issue. Is he taking risks? Of course. But he decided for himself.
We all take risks. We all assess our odds. Why is it necessary for anyone else to decide for us? I bet you’re doing some things that other folks would find risky. Would you want someone else to decide for you instead?
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