What Happens When an Undocumented Immigrant Is Employed in the US?

Published: October 9, 2024

Immigrants play an immense role in driving the growth of the US population and labor force. Yet, despite their contributions in various sectors, many live in the US without legal immigration status. These undocumented immigrants face numerous challenges and risks associated with their unauthorized presence. 

Pursuing employment opportunities is a notable factor driving undocumented immigrants to the US. These individuals must secure employment and support families, even with unauthorized status. Unsurprisingly, a Center for Immigration Studies (CIS) Research Director’s testimony revealed that there are likely around 8.8 million undocumented workers in the US. 

Although undocumented immigrants can find work in the US, it’s illegal under federal law. This article will highlight the legal implications of undocumented immigrants working in the US and discuss certain fundamental protections available to these individuals under the law. 

Defining Undocumented Immigrant Workers in the US

Most immigrants in the US have the authorization to live and work legally in the country temporarily. However, this diverse population also encompasses undocumented immigrant workers who remain in the US without legal immigration status. Under US immigration law, you can become an undocumented immigrant or illegal alien if you: 

• Enter the US without the Customs and Border Protection (CBP) inspection
• Stay in the US beyond the limits of authorized duration

Being an undocumented immigrant means you don’t have legal immigration status. As a result, you may face restrictions to secure employment and access social services. Remember, a Social Security number (SSN) is a requirement to start working and getting paid. Since eligibility for SSNs is limited to noncitizens in specific immigration statuses, you can’t obtain employment legally. 

Legal Implications of Undocumented Immigrant Workers in the US

Despite the lack of work authorization, many undocumented immigrants occupy positions within the US labor market. Still, it’s worth noting that engaging in employment without a proper work visa or permit is against the law. 

Employers must confirm the identity and employment eligibility of all employees. Individuals who are not US  citizens or lawful permanent residents must obtain a valid work authorization to secure employment in the country legally. 

Otherwise, they may face significant consequences on their immigration status and future visa applications. Below are the possible legal implications of undocumented immigrants working in the US. 

For undocumented workers

Working without proper authorization can adversely impact your immigration status and visa applications. The US Citizenship and Immigration Services (USCIS) typically scrutinizes prior instances of unauthorized work. 

Because of the accumulation of unlawful presence, staying and working in the US without a valid permit can subject you to reentry bars. As a result, you cannot legally return to the US for up to 3 or 10 years, depending on the violation’s severity and length of unauthorized stay. 

Likewise, being employed as an undocumented immigrant can put you at risk of deportation. Immigration authorities may initiate removal proceedings once they discover you work without employment authorization, forcing you to depart the US. 

For employers

Employers must verify a worker’s identity and authorization to work in the US and terminate the employment of an undocumented immigrant upon discovering their unauthorized status. Noncompliance can result in civil and criminal penalties. 

The potential legal consequences for unlawful employment can differ depending on the circumstances. For instance, employers who knowingly hire undocumented immigrants may be subject to fines of up to $10,000 for each worker under US Code § 1324a. 

Moreover, repeated violations of employing undocumented immigrants can result in imprisonment for up to six months. Suppose an employer hires 10 or more unauthorized workers within 12 months. Since it constitutes harboring, it can subject violators to a sentence of up to 10 years. 

Fundamental Protections Available to Undocumented Immigrants

Even though employers should not employ or continue to hire undocumented immigrants, these individuals have particular rights. Here’s an overview of the fundamental protections available to undocumented workers. 

Employment rights

Under the Fair Labor Standards Act (FLSA), all workers have employment-related rights regardless of legal immigration status. The FLSA doesn’t include any exceptions or exclusions for noncitizens or those in the US illegally. 

This means that even undocumented immigrants have the right to fair wages and safe working conditions, provided they have an employment relationship with an employer. For instance, an employer cannot withhold wages by claiming you are unauthorized to work.

Anti-discrimination protections

Undocumented workers also have rights under anti-discrimination laws that protect them from unfair treatment based on their immigration status. The National Labor Relations Act (NRLA) safeguards the rights of employees, including undocumented immigrants, to form unions and negotiate with employers. 

Suppose you complained about a workplace injury or nonpayment of wages. Your employer cannot use your lack of legal immigration status as an excuse to terminate you. However, since it’s against the law for employers to hire or retain undocumented workers, they can refuse to hire or terminate you once they learn you don’t have a valid work permit. 

Potential Legal Pathways Undocumented Immigrants Can Consider

Several pathways to securing lawful residency exist. Although these options can help undocumented immigrants achieve stability and maximize economic potential, they vary in eligibility and complexity. 

The knowledge and assistance of a work visa attorney are crucial in determining the most appropriate course of action for your specific circumstances. Still, while immigration routes may not look the same for all undocumented immigrants, the following are some potential avenues to participate in lawful work in the US. 

• Family sponsorship: This is one of the most common pathways to securing lawful residency. US citizens and those with lawful permanent residency status can sponsor immediate relatives and other family members for green cards. 
• Employment-based visas: Several employment-based visa categories can provide undocumented immigrants a viable avenue to seek lawful residency through job offers from US employers. However, the process can be more complex since most require applicants to have lawful status or qualify for certain waivers or adjustments. 
• Asylum applications: Undocumented immigrants may seek asylum if they demonstrate a well-founded fear of persecution in their country of origin. If granted, asylum allows undocumented workers to stay in the country and secure a green card after one year. 
• Deferred action: Undocumented immigrants who meet specific criteria can be eligible for the Deferred Action for Childhood Arrivals (DACA) program. It can offer temporary work authorization and relief from deportation to qualified individuals. 

Evaluate Your Options With ALG Lawyers

Are you or a family member undocumented and seeking to work legally in the US? Securing employment in the US as an undocumented immigrant is an intricate matter. Depending on your circumstances, you can shift from undocumented status to lawful employment with the guidance of the best immigration lawyers. 

With decades of experience in immigration cases, ALG Lawyers can guide you through the process and choose the pathway that best fits your situation. You can collaborate with our team from Los Angeles or any location worldwide. Book a consultation today to get a tailored solution for your specific immigration needs.