Action 9: Could you get in trouble for hiring someone who is undocumented to help around your house?

CHARLOTTE — Action 9 attorney Jason Stoogenke says, under federal law (specifically, Title 8), it’s illegal to knowingly -- that’s a key word -- ‘knowingly’ hire someone who is undocumented. 

The same goes for if you didn’t know the person was undocumented when you hired them, but you found out later and kept them on anyway.

“That law puts the onus on the employer to ensure compliance,” former U.S. Attorney Michael Easley, Jr. said.

If you break the law, it’s usually civil, not criminal. So we’re talking a fine, not prison time. The fines start around $700 and go to almost $28,000, depending how serious the offense, how often it’s happened, etc.

If you’ve been caught making a habit of hiring people without permanent legal status -- so a “pattern or practice” of breaking the law -- the penalty: up to six months behind bars. 

Technically, it doesn’t matter whether you own a business or you’re just looking for some help around the house.  That said, Easley, who spent almost four years in charge of the U.S. Attorney’s Office for the Eastern District of North Carolina, explains, “In my years of practicing in this space, I have never seen an individual charged with employing an undocumented person to engage in work or help around the house in any type of capacity.”

“It’s very rare, very unusual [to expect] an individual or a typical homeowner who gets [household] support [to] do an E-Verify or [other] check to confirm the citizenship or work authorization of people that they hire,” he added.  “Because of that, it’s incredibly rare than anybody in an individual capacity would be charged with that kind of offense.”

Businesses are another story. 

“Businesses that employ large numbers of people are receiving a very clear signal right now that now is the time to have their house in order. Now is the time to ensure that they’re doing the kind of checks and have the proper hiring hygiene in place to ensure they’re in compliance with the law,” Easley said.

But even companies have a defense. If they tried in good faith to verify someone’s employment status and got it wrong, they may still be okay.

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