Immigration-Related Worksite Enforcement: Performance Measures [December 2, 2008] [open pdf - 530KB]
"According to 2006 estimates, there are some 7.8 million unauthorized workers in the U.S. civilian workforce. DHS's U.S. Immigration and Customs Enforcement (ICE) is responsible for immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA §274A provisions […] make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to be so employed. Today, ICE's worksite enforcement program is focused primarily on cases that involve critical infrastructure facilities and cases involving employers who commit 'egregious violations' of criminal statutes and engage in worker exploitation. Employers who violate INA prohibitions on the unlawful employment of aliens may be subject to civil monetary penalties and/or criminal penalties. […] Various measures are available to examine the performance of ICE's worksite enforcement program. They include Final Orders for civil monetary penalties, administrative fines, administrative arrests, criminal arrests, criminal indictments and convictions, and criminal fines and forfeitures. In recent years, ICE has generally focused less on administrative fines and more on administrative and criminal arrests, criminal prosecutions, and criminal fines and forfeitures. The data presented here show increases in these latter measures in recent years."
CRS Report for Congress, R40002