This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
This article has been viewed 179,243 times.
There are an estimated 11 million illegal immigrants (“undocumented immigrants”) in the United States, and it is illegal for companies to employ them. The United States Immigration and Customs Enforcement (ICE) will prosecute any employer found to have employed undocumented immigrants. If you know of an employer who has hired undocumented immigrants, then you should be aware that you can report them to ICE.
Steps
Preparing to Report
-
1Understand the penalties. Employing undocumented workers is a serious offense. Employers are required to confirm the work authorization of every person they hire.[1] If an employer hires an undocumented immigrant, then it may be subject to civil and criminal penalties.
- The minimum penalty for a first-time offense is $375 per worker. However, if the company or individual engages in a “pattern or practice” of hiring unlawful workers, then the penalties increase up to $3,000 for each unlawful worker. The employer may also face six months in jail.[2]
- You can report both companies and individuals to ICE. If an individual is hiring undocumented immigrants, then that person is violating the law as well.
-
2Gather evidence. You should gather as much evidence as possible about the violation before reaching out to ICE to report the violation. You should try to get the following:[3]
- The name of the company
- The company’s location
- The nationalities of the undocumented employees
- Employee Social Security Numbers
Advertisement -
3Avoid breaking the law to gather evidence. Although you should write down everything that you know about the violation, you should not break the law in order to gather evidence. For example, you don’t have the right to snoop through the company mail, hack into someone’s computer system, or steal information.
- Leave the investigation to ICE. All you need to do is gather as much information as possible and report the potential violation to the federal government.
-
4Decide if you want to report anonymously. You have the ability to withhold your name when you report the violation.[4] You might want to report anonymously if you also work for the company or individual. Also, you may want to report anonymously if you are a competitor and fear retribution from the company.
- Alternately, you might want to give ICE your name so that you can be available as a witness should the agency prosecute the employer for hiring illegal immigrants.
Reporting the Employment of Undocumented Workers
-
1
-
2Report online. If you don’t want to call, you may use the online tip form, available at http://www.ice.gov/webform/hsi-tip-form. You should only file an online report if you have not reported by phone. There is no reason to report twice.[7]
- On the online form, check “Employment/Exploitation of Unlawful Workers” under the Suspected Violation. Then type in the location of the violation.
- You also are provided 2500 characters to provide a summary of the violation.
- You must also answer a basic math question at the bottom of the form (e.g., “13 plus 6”) so that the agency can tell that you are a human visitor and not a bot.
-
3Collect a reward. ICE will not provide status updates on its investigations. However, the agency has the ability to pay monetary rewards for information. You are not guaranteed payment, but ICE has the discretion to offer a reward.[8]
References
- ↑ http://www.nolo.com/legal-encyclopedia/legal-pitfalls-hiring-undocumented-immigrants.html
- ↑ http://www.uscis.gov/i-9-central/penalties
- ↑ http://www.ice.gov/webform/hsi-tip-form
- ↑ http://www.ice.gov/webform/hsi-tip-form
- ↑ https://www.oig.dhs.gov/index.php?option=com_content&id=141&Itemid=133
- ↑ http://www.ice.gov/contact
- ↑ http://www.ice.gov/webform/hsi-tip-form
- ↑ http://www.ice.gov/webform/hsi-tip-form
About This Article
Before you report employers for hiring undocumented immigrants, make sure that you have thought through the repercussions of this decision and that you have valid reasons to suspect the workers are here illegally. Once you've made your decision, collect evidence, like the employer's name and address. Then, call ICE at 1-866-DHS-2-ICE (1-866-347-2423) or go to their website to fill out a form at http://www.ice.gov/webform/hsi-tip-form. For more from our reviewer on the process of making the ICE report, keep reading!