The U.S. Department of Justice’s Executive Office for Immigration Review (EOIR) administers the nation’s immigration court system. Within the EOIR, the Office of the Chief Administrative Hearing Officer (OCAHO), established by the  Immigration Reform and Control Act of 1986, has jurisdiction over three types of cases arising under the Immigration and Nationality Act (INA) that relate to employers: employer sanctions, document fraud, and unfair immigration-related employment practices.

OCAHO’s administrative law judges review Department of Homeland Security (DHS) cases for employer sanctions (8 U.S.C. § 1324a), evaluating: (1) civil penalties against employers who fail to prepare and maintain the required verification paperwork documenting newly hired employees’ identities and legal authorization to work in the United States; (2) civil and criminal penalties against employers who knowingly hire, recruit, refer for a fee, or knowingly continue to employ aliens who do not have legal authorization to work in the United States; and (3) civil penalties against employers who demand money or indemnity bonds from their employees (as a condition for employment) in order to pay for potential employer sanctions fines.

In DHS cases for document fraud (8 U.S.C. § 1324c), ALJs review civil penalties relating to satisfying an immigration law requirement or obtaining an immigration-related benefit.

Regarding employer sanctions and document fraud cases, the ALJs may impose sanctions and penalties, issue cease and desist orders, and award attorney’s fees. Either the Chief Administrative Hearing Officer (CAHO) or the Attorney General may review the ALJ’s decision and:

• modify the ALJ’s decision and issue a revised decision;

• set aside the ALJ’s decision and issue a new decision; or

• send back the case to the ALJ for further proceedings.

Individuals who believe they have suffered discrimination n violation of the INA’s unfair immigration-related employment practices provisions initially may file a charge with the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the Department of Justice’s Civil Rights Division. If the OSC chooses not to file a complaint with OCAHO, the individual who filed the charge then may file a complaint with OCAHO. In these cases, the ALJs may impose sanctions and penalties, issue cease and desist orders, award attorney’s fees and award back pay.

Once a final agency order has been issued, either by the ALJ or the CAHO, the employer may file an appeal with the appropriate federal circuit court of appeals.