Federal Register - October 18, 2021
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Source: Federal Register
57540
Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
document or each proscribed activity described in section 274Ca5 or a6
of the Act occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $3,289 and not more than $8,224 for each fraudulent document or each proscribed activity described in section 274Ca5 or a6
of the Act after November 2, 2015.
PART 274aCONTROL OF
EMPLOYMENT OF ALIENS
5. The authority citation for part 274a continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1105a, 1324a; 48 U.S.C. 1806; 8 CFR part 2; Pub. L.
101410, 104 Stat. 890, as amended by Pub.
L. 11474, 129 Stat. 599.
6. In 274a.8, revise paragraph b to read as follows:
274a.8
Prohibition of indemnity bonds.
b Penalty. Any person or other entity who requires any individual to post a bond or security as stated in this section shall, after notice and opportunity for an administrative hearing in accordance with section 274Ae3B of the Act, be subject to a civil monetary penalty of $1,000 for each violation before September 29, 1999, of $1,100 for each violation occurring on or after September 29, 1999, but on or before November 2, 2015, and of $2,360 for each violation occurring after November 2, 2015, and to an administrative order requiring the return to the individual of any amounts received in violation of this section or, if the individual cannot be located, to the general fund of the Treasury.
7. In 274a.10, revise paragraphs b1iiA through C and the first sentence of paragraph b2
introductory text to read as follows:
274a.10
Penalties.
jspears on DSK121TN23PROD with RULES1
b
1
ii
A First offensenot less than $275
and not more than $2,200 for each unauthorized alien with respect to whom the offense occurred before March 27, 2008; not less than $375 and not exceeding $3,200, for each unauthorized alien with respect to whom the offense occurred occurring on or after March 27, 2008, and on or before November 2, 2015; and not less than $590 and not more than $4,722 for each unauthorized alien with respect to whom the offense occurred occurring after November 2, 2015;
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B Second offensenot less than $2,200 and not more than $5,500 for each unauthorized alien with respect to whom the second offense occurred before March 27, 2008; not less than $3,200 and not more than $6,500, for each unauthorized alien with respect to whom the second offense occurred on or after March 27, 2008, and on or before November 2, 2015; and not less than $4,722 and not more than $11,803 for each unauthorized alien with respect to whom the second offense occurred after November 2, 2015; or C More than two offensesnot less than $3,300 and not more than $11,000
for each unauthorized alien with respect to whom the third or subsequent offense occurred before March 27, 2008; not less than $4,300 and not exceeding $16,000, for each unauthorized alien with respect to whom the third or subsequent offense occurred on or after March 27, 2008, and on or before November 2, 2015; and not less than $7,082 and not more than $23,607 for each unauthorized alien with respect to whom the third or subsequent offense occurred after November 2, 2015; and
2 A respondent determined by the Service if a respondent fails to request a hearing or by an administrative law judge, to have failed to comply with the employment verification requirements as set forth in 274a.2b, shall be subject to a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred before September 29, 1999; not less than $110
and not more than $1,100 for each individual with respect to whom such violation occurred on or after September 29, 1999, and on or before November 2, 2015; and not less than $237 and not more than $2,360 for each individual with respect to whom such violation occurred after November 2, 2015.
PART 280IMPOSITION AND
COLLECTION OF FINES
8. The authority citation for part 280
continues to read as follows:
Authority: 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1253, 1281, 1283, 1284, 1285, 1286, 1322, 1323, 1330; 66 Stat. 173, 195, 197, 201, 203, 212, 219, 221223, 226, 227, 230; Pub. L. 101410, 104 Stat. 890, as amended by Pub. L. 11474, 129 Stat. 599.
9. In 280.53, revise paragraphs b1
through 15 to read as follows:
280.53 Civil monetary penalties inflation adjustment.
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b
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1 Section 231g of the Act, penalties for non-compliance with arrival and departure manifest requirements for passengers, crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States: From $1,419 to $1,436.
2 Section 234 of the Act, penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens:
From $3,855 to $3,901.
3 Section 240Bd of the Act, penalties for failure to depart voluntarily: From $1,625 minimum/
$8,128 maximum to $1,644 minimum/
$8,224 maximum.
4 Section 243c1A of the Act, penalties for violations of removal orders relating to aliens transported on vessels or aircraft, under section 241d of the Act, or for costs associated with removal under section 241e of the Act:
From $3,251 to $3,289.
5 Penalties for failure to remove alien stowaways under section 241d2
of the Act: From $8,128 to $8,224.
6 Section 251d of the Act, penalties for failure to report an illegal landing or desertion of alien crewmen, and for each alien not reported on arrival or departure manifest or lists required in accordance with section 251 of the Act:
From $385 to $390; and penalties for use of alien crewmen for longshore work in violation of section 251d of the Act: From $9,639 to $9,753.
7 Section 254a of the Act, penalties for failure to control, detain, or remove alien crewmen: From $964 minimum/
$5,783 maximum to $975 minimum/
$5,851 maximum.
8 Section 255 of the Act, penalties for employment on passenger vessels of aliens afflicted with certain disabilities:
From $1,928 to $1,951.
9 Section 256 of the Act, penalties for discharge of alien crewmen: From $2,891 minimum/$5,783 maximum to $2,925 minimum/$5,851 maximum.
10 Section 257 of the Act, penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $19,277
maximum to $19,505 maximum.
11 Section 271a of the Act, penalties for failure to prevent the unauthorized landing of aliens: From $5,783 to $5,851.
12 Section 272a of the Act, penalties for bringing to the United States aliens subject to denial of admission on a health-related ground:
From $5,783 to $5,851.
13 Section 273b of the Act, penalties for bringing to the United States aliens without required documentation: From $5,783 to $5,851.
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