As Government intensifies enforcement against employers who hire undocumented foreign nationals, businesses found to be in contravention of the Immigration Act are increasingly facing arrests, financial penalties and prison sentences of up to three years.

The Department of Home Affairs (DHA), working alongside the Department of Employment and Labour (DoEL), the South African Police Service (SAPS) and other law enforcement agencies, has stepped up workplace inspections across the country as part of broader efforts to curb the employment of foreign nationals without valid work authorisation and to protect labour standards.

For many this has already led to harsh consequences.

In July 2026, multi-departmental compliance inspections in Gauteng resulted in factory and business managers being taken into custody for alleged violations of the Immigration Act.

Earlier this year, six employers operating wholesale and retail businesses were arrested and issued admission-of-guilt fines for contravening immigration legislation. More recently, two employers were arrested during targeted operations conducted by KwaZulu-Natal authorities against undocumented foreign nationals and businesses suspected of employing them.

Criminal Liability for Employers who Knowingly Hire Illegal Foreigners

Section 49(3) of the Immigration Act provides that anyone who knowingly employs an illegal foreigner or a foreigner in violation of the Immigration Act, commits a criminal offence which can result in a fine or imprisonment.

Non-compliant employers face:

• First offence: fine or up to 1 year imprisonment;
• Second offence: fine or up to 2 years imprisonment;
• Third or subsequent offence: up to 3 years imprisonment without the option of a fine.

According to Aadil Wadee, Immigration Lawyer at Xpatweb, the law places the responsibility on the company or employer to determine the legal status of any foreigner they employ.

Section 38 of the Immigration Act prohibits any person from employing: 

• an illegal foreigner;
• a foreigner whose status does not authorise him or her to be employed by such person; or
• a foreigner on terms, conditions or in a capacity different from those contemplated in such foreigner’s status.

It further reads: “If an illegal foreigner is found on any premises where a business is conducted, it shall be presumed that such foreigner was employed by the person who has control over such premises, unless prima facie evidence to the contrary is adduced.”

Compliance Must be Top of Mind

Employers who hire foreign nationals should take proactive steps to verify and maintain the immigration status and work authorisation of every employee. A comprehensive immigration compliance audit can identify potential risks before they become regulatory or operational issues, protecting the employer and their workforce. 

Wadee cautions that a single undocumented foreign employee can expose a business to severe penalties and potential criminal liability, even if unintentionally. “Employers who rely on foreign skills and talent should ensure that they have robust systems in place to verify work authorisation, monitor visa validity and maintain accurate employment records," he noted.

A properly conducted immigration compliance audit can identify expired, invalid or fraudulent visas, employees working outside the conditions of their visas, and discrepancies between an employee's authorised employer and their actual employer. It also provides documented evidence to Home Affairs and Labour inspectors that employers have taken reasonable steps to verify immigration compliance.

More Than 8 000 Employers Charged

The strict enforcement follows President Cyril Ramaphosa’s address to the nation on 7 June 2026 about migration issues, when he said illegal immigration continues to undermine efforts to create decent jobs, protect labour standards and expand employment opportunities for South Africans. 

At the time he noted that some employers deliberately hire undocumented migrants because their vulnerable legal status makes it difficult for them to challenge unfair treatment in the workplace. He also warned that employers who fail to comply with the Immigration Act will face serious legal risks.

Recent enforcement activity reflects this tougher approach.

Home Affairs Minister Dr Leon Schreiber recently disclosed in reply to a parliamentary question that more than 8 000 employers have been charged over the past five financial years for allegedly employing foreign nationals without valid work authorisation.

During the same period, authorities conducted almost 6 300 workplace inspections and compliance operations aimed at enforcing immigration legislation.

In recent months alone, non-compliant employers have paid more than R770 000 in admission-of-guilt fines. Authorities have also issued numerous prohibition notices, compliance orders and contravention notices against employers found to be in breach of immigration and labour legislation.

Part of a Broader Migration Strategy

The intensified enforcement campaign coincides with the 46th Ordinary SADC Summit of Heads of State and Government, currently underway in Durban until 17 August 2026.

At the opening of the Summit, Minister of International Relations and Cooperation Ronald Lamola said government is implementing a comprehensive migration management approach that strengthens border security, combats irregular migration, addresses the unlawful employment of undocumented migrants, enhances enforcement of immigration and labour laws, and tackles corruption within the migration system.

Written by Xpatweb