GovGazette
Menu

Exclusion reference

Debarment for civil immigration employment violations

Code 08-INA-01
Debarment for civil actions, with respect to the issuance of a Final Order to cease and desist and pay a civil monetary penalty. Once the Secretary of Homeland Security or the Attorney General makes a determination of noncompliance with the Immigration and Nationality Act (INA)-Unlawful Employment of Aliens, and transmits such determination to a Federal agency, that agency may impose a debarment, pursuant to Executive Order 12989, as amended, for one or more of the following causes listed in Section 274A of the INA: 8 U.S.C. 1324a(a)(1)(A) Knowing Hire; or 8 U.S.C. 1324a(a)(2) Continuing to Employ. Contractors are excluded from receiving contracts and from directly or indirectly receiving benefits under Federal nonprocurement programs, and agencies shall not solicit offers from, award contracts to, renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the acquiring agency’s head or a designee determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $30,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Exceptions to this treatment require a written determination by the head of the Federal agency or designee stating the reasons for entering into the transaction. Debarments are for one year, and may be extended for additional one year increments if continuing violations are found by the Secretary of Homeland Security or the Attorney General.

Historical guidance: legal citations and thresholds may have changed. Check the current rule and issuing agency.

Record identifierlegacy-08-ina-01