Holland & Hart immigration attorney and partner Roger Tsai contributed to Bloomberg Law article titled “‘Inducing’ Illegal Immigration the Least of Employers’ Woes,” published online February 28, 2020.
As the U.S. Supreme Court considers a criminal law that punishes those who induce undocumented immigrants to stay in the country, businesses are unlikely to find themselves in the government’s crosshairs regardless of the outcome.
There are civil fines and criminal penalties when businesses knowingly employ undocumented workers. The government doesn’t have to prove the inducement of staying in the U.S. to penalize employers, said immigration attorney Roger Tsai, a partner for Holland & Hart in Denver.
To reach that threshold, an employer would have to provide, for example, false documentation to undocumented workers, or traffic them into the country, or give them housing, Tsai said.
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