Jim Sensenbrenner: “I rise in support of the Westmoreland amendment. I support this amendment, which sets caps on employer sanctions…”

“I rise in support of the Westmoreland amendment. I support this amendment, which sets caps on employer sanctions penalties and provides an exemption from penalties for initial good- faith violations. H.R. 4437 establishes very significant minimum levels for civil penalties, but sets no cap. The new minimums in H.R. 4437 for first-, second-, and third-time offenses are $5,000, $10,000, and $25,000, respectively, per alien. This amendment would create what I believe are reasonable caps on these penalty levels, giving employers some level of certainty as to the consequences of hiring an illegal alien while still maintaining a strong deterrent effect through significant penalties. The caps would be $7,500 for a first offense--per alien involved-- $15,000 for a second offense, and $40,000 for the third and higher offenses. These are certainly penalties that send a necessarily strong message to employers contemplating cutting corners. This amendment also clarifies that an employer who makes a mistake in good faith in complying with the employment eligibility verification system would be spared civil penalties. Finally this amendment provides a safe harbor for contractors whose subcontractors employ illegal aliens. This provision clarifies current law. Under section 274A(a)(4) of the Immigration and Nationality Act, an employer may be held liable for the actions of a subcontractor if the employer knows that the subcontractor is hiring illegal aliens.…”