CA9 on I-9 Enforcement, $305K Penalty - DLS Precision Fab v. ICE

DLS Precision Fab v. ICE, Aug. 7, 2017 - 

Court staff summary:

"The panel granted in part and denied in part DLS
Precision Fab LLC’s petition for review of an administrative
law judge’s (“ALJ”) decision finding DLS liable for 504
violations of 8 U.S.C. § 1324a, which requires employers to
verify that their employees are legally authorized to work in
the United States and prohibits employers from knowingly
continuing to employ aliens who are not authorized to work.
The panel granted the petition as to one violation because
the charge was untimely under the statute of limitations. The
panel denied the petition as to the other 503 violations,
concluding that DLS was not entitled to good faith defenses.
The panel also denied the petition as to the ALJ’s summary
determination of a penalty in the amount of $305,050,
concluding that DLS’ ability to pay was not a material issue
of fact that would preclude summary determination of the
penalty amount because it was within the power of the ALJ
to decline to consider the factor at all."