• Whistleblower Rewards Now Apply to Immigration Violations: Employees may receive financial incentives for reporting corporate immigration law breaches directly to the Department of Justice (DOJ).
• Path to Avoid Prosecution: The DOJ will not prosecute immigration violations if companies promptly investigate, disclose and implement appropriate remediation.
• Investment in Compliance is Paramount: A strong internal compliance and reporting system can help mitigate legal and reputational risks.

As immigration detentions and deportations rise nationwide, the DOJ is expanding its scrutiny to corporate compliance with federal immigration laws.

Initially launched under the prior administration, the DOJ’s Corporate Whistleblower Awards Pilot Program (CWAPP) targets white-collar offenses such as healthcare fraud, money laundering and bribery of foreign officials. CWAPP offers whistleblowers up to 30% of the first $100 million in forfeited proceeds and up to 5% of amounts between $100 million and $500 million.

On May 12, 2025, the DOJ expanded CWAPP through its White-Collar Enforcement Plan to include corporate violations of federal immigration law — reflecting the current administration’s enforcement policy. This expansion is likely to increase whistleblower reports, investigations and DOJ enforcement activity. 

Notably, the DOJ recently announced that it would not prosecute companies that quickly disclose, cooperate and implement appropriate remediation as part of its Corporate Enforcement and Voluntary Self-Disclosure Policy.

Immigration compliance impacts every stage of the employment lifecycle, from onboarding through departure. Violations — particularly those stemming from common mistakes during Form I-9 employment verification, re-verification and document retention process — may lead to liability for U.S. businesses across multiple industries. The additional consideration of employee-generated reports to the DOJ raises the question of whether a business may have sufficient internal processes to both protect employees from retaliation and ensure proper verification of work authorization for new and retained employees. 

Now is the time for employers to strengthen their immigration compliance program to mitigate risk and encourage potential whistleblowers to report concerns. Effective programs should include:

• Written policies and procedures: Clear compliance protocols tailored to immigration-related obligations
• Confidential reporting channels: Multiple reporting channels, including an anonymous hotline for employees to report their concerns safely
• Prompt internal investigations: Quick and thorough investigation of non-frivolous reports, with appropriate transparency to the reporting party
• Consistent disciplinary measures: Employees must have confidence that violations are addressed fairly and proportionately
• Regular testing and review: Periodic testing of immigration controls to ensure they work as intended and remain current
• Third-party management: Companies can land in hot water when dealing with counterparties that fail to abide by immigration laws and, consequently, must undertake diligence and include “reps and warranties” in their third-parry contracts
• Detailed record-keeping: Maintain clear documentation of compliance efforts to support potential interactions with regulators
• Ongoing training and communication: Officials and employees should set clear expectations on immigration compliance and what those entail