DOJ Encourages Whistleblowing for Federal Immigration Violations
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APPLIES TO All Employers |
EFFECTIVE May 12, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
On May 12, 2025, the U.S. Department of Justice’s Criminal Division (DOJ) issued a guidance memo to its personnel outlining the Division’s enforcement priorities for prosecuting corporate and white-collar crime. Specifically, the Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime memo amends the Criminal Division’s Corporate Whistleblower Awards Pilot Program (Program) to include violations by corporations of federal immigration law.
The Program was implemented during the Biden Administration and targeted white-collar crimes like health care fraud, program and procurement fraud, trade and customs fraud, money laundering, and drug trafficking. The Program provides financial incentives to individuals who have knowledge of such crimes and provide information to the DOJ.
The memo reaffirms the DOJ’s first priority is to prosecute individual criminals, even if they are executives, officers, or employees of companies. However, the memo notes that not all misconduct may lead to federal prosecution, and there may also be civil or administrative remedies pursued to address violations. Prosecutors in the Criminal Division have latitude to charge corporations and remediate misconduct. The DOJ acknowledges that for companies willing to learn from mistakes may “enter into agreements with the Criminal Division [and] agree to implement corporate compliance programs, report relevant misconduct, cooperate with the government, and more.”
With this amendment to the Program, whistleblowers can now report perceived or alleged immigration misconduct directly to the DOJ and earn a financial incentive should the DOJ prosecute the violation. For businesses, this means current and former employees, including employees who were terminated from employment on poor terms, have an incentive to report on their employers. Employers with immigrant workforces face great risk exposure if they are not currently in compliance with immigration and work authorization requirements or if they have gaps in their compliance. In addition to conducting proactive audits of their Form I-9 process, employers should consult with their legal counsel to evaluate their compliance with federal immigration laws and correct any deficiencies.
Action Items
- Review the Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime memo here.
- Review Forms I-9 and completion process.
- Consult with legal counsel regarding current and ongoing compliance.
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