Iowa Code

Iowa Code § 715A.2A (2026)

Accommodation of forgery — penalty

✓ current as of July 2026
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1. An employer is subject to the civil penalty in this section if the employer does either of the following: a. Hires a person when the employer or an agent or employee of the employer knows that the document evidencing the person’s authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4) or (5), or knows that the person is not authorized to be employed in the United States. b. Continues to employ a person when the employer or an agent or employee of the employer knows that the document evidencing the person’s authorized stay or employment in the United States is in violation of section 715A.2, subsection 2, paragraph “a”, subparagraph (4) or (5), or knows that the person is not authorized to be employed in the United States. 2. An employer who establishes that it has complied in good faith with the requirements of 8 U.S.C. §1324a(b) with respect to the hiring or continued employment of an alien in the United States has established an affirmative defense that the employer has not violated this section. 3. a. An employer who violates this section shall cease and desist from further violations and shall pay the following civil penalty: (1) For a first violation, not less than two hundred and fifty dollars and not more than two thousand dollars for each unauthorized alien hired or employed. (2) For a second violation, not less than two thousand dollars and not more than five thousand dollars for each unauthorized alien hired or employed. (3) For a third or subsequent violation, not less than three thousand dollars and not more than ten thousand dollars for each unauthorized alien hired or employed. b. In addition, an employer found to have violated this section shall be assessed the costs of the action to enforce the civil penalty, including the reasonable costs of investigation and attorney fees. 4. A civil action to enforce this provision shall be by equitable proceedings instituted by the attorney general or county attorney. 5. Penalties ordered pursuant to this section shall be paid to the treasurer of state for deposit in the general fund of the state. 96 Acts, ch 1181, §4; 2008 Acts, ch 1031, §69; 2019 Acts, ch 140, §26

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Notes of Decisions
Cited in 7 cases, 2016–2017 · leading case: Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). · cites it 2× “§ 715A.2A(3)(b) (assessing against any employer that accommodates fraud the costs of an enforcement action including attorney fees).”
State of Iowa v. Martha Aracely Martinez, 896 N.W.2d 737 (Iowa 2017). · cites it 3× “§ 4 (codified at Iowa Code § 715A.2A). The preamble to the legislation describes it as AN ACT relating to the crime of forgery, by prohibiting the knowing possession of forged writings, including documents prescribed for entry into, stay, or employment in the United States, and…”
Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 715A.2A(3)(b) (assessing against any employer that accommodates fraud the costs of an enforcement action including attorney fees).”
State of Iowa v. Martha Aracely Martinez (Iowa 2017). “§ 4 (codified at Iowa Code § 715A.2A). The preamble to the legislation describes it as AN ACT relating to the crime of forgery, by prohibiting the knowing possession of forged writings, including documents prescribed for entry into, stay, or employment in the United States, and…”
Amended June 16, 2017 State of Iowa v. Martha Aracely Martinez (Iowa 2017). “§ 4 (codified at Iowa Code § 715A.2A). The preamble to the legislation describes it as AN ACT relating to the crime of forgery, by prohibiting the knowing possession of forged writings, including documents prescribed for entry into, stay, or employment in the United States, and…”
Amended August 15, 2017 State of Iowa v. Martha Aracely Martinez (Iowa 2017). “§ 4 (codified at Iowa Code § 715A.2A). The preamble to the legislation describes it as AN ACT relating to the crime of forgery, by prohibiting the knowing possession of forged writings, including documents prescribed for entry into, stay, or employment in the United States, and…”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 715A.2A(3)(b) (assessing against any employer that accommodates fraud the costs of an enforcement action including attorney fees).”
— Iowa Code § 715A.2A(3)(b) — 3 cases
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “§ 715A.2A(3)(b) (assessing against any employer that accommodates fraud the costs of an enforcement action including attorney fees).”
Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 715A.2A(3)(b) (assessing against any employer that accommodates fraud the costs of an enforcement action including attorney fees).”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 715A.2A(3)(b) (assessing against any employer that accommodates fraud the costs of an enforcement action including attorney fees).”
— Iowa Code § 715A.2A(3)(h) — 1 case
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “§ 715A.2A(3)(b) (assessing against any employer that accommodates fraud the costs of an enforcement action including attorney fees).”
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