Aiding and Abetting Illegal Aliens and Employment of Illegal Aliens

Illegal Aliens

An illegal alien is a person born in a foreign country who has come into the United States by way of improper channels. Illegal aliens may enter the United States by crossing the Mexican or Canadian border. They are also smuggled in by means of transportation by roadway or waterway.

Hiring and Employment of Illegal Aliens

It is unlawful for an employer to hire, recruit, or to refer an illegal alien for a fee. Once an employer has discovered that an employee is an illegal alien, it is unlawful for the employer to continue to employ the illegal alien. It is also unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. If one is caught employing or aiding an illegal alien they may be subject to state or federal prosecution. An employer is said to have constructive knowledge that an employee is an illegal alien a reasonable person would infer such from the facts presented in the case. However, knowledge cannot be inferred on the basis of an employee's accent or appearance.

Penalties for Hiring and Aiding and Abetting Illegal Aliens

After one is convicted of aiding and abetting an illegal alien numerous penalties may be imposed. Among the penalties are:

• Criminal Fines.


• Prison Time.


• Forfeiture of boats, vehicles, or other real property.


• Detention.

If death or bodily injured results during the aiding and abetting of an illegal alien, or the criminal smuggling of the illegal alien, the aider and abettor may be sentenced to life imprisonment. Courts are permitted to impose consecutive prison sentences for each alien smuggled or harbored.

Additional Information

• Private citizens or entities may initiate civil suits against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO).


• Employers may be found guilty of filing false tax returns by failing to pay income or Social Security taxes for illegal alien employees and may be subject to IRS criminal and civil sanctions.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.