DOJ Expands Corporate Whistleblower Program to Include Immigration Law Violations

The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement Plan”) titled, “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime.” The Enforcement Plan amended the Division’s Corporate Whistleblower Awards Pilot Program (CWAPP) to include “violations by corporations of federal immigration law.” 

CWAPP came into existence during the Biden administration in 2024. CWAPP identified a targeted list of white-collar crimes that included bribery, money laundering, and health care fraud. The program encouraged individuals with knowledge of such criminal conduct to come forward by offering financial incentives if they provided information that enabled the DOJ to identify illegal activity and seize corporate assets derived from the offense. 

The newly unveiled Enforcement Plan amends CWAPP to reflect “priority areas of focus.” One of those areas of focus is “violations by corporations of federal immigration law.” This is a significant expansion of liability risk for employers. Whistleblowers, including current and former employees who may be disgruntled, can now file a tip with the DOJ regarding immigration non-compliance and potentially recover a substantial bounty award should the DOJ obtain a successful prosecution. 

Employers should consider investing in verifying their compliance with all federal immigration laws by conducting immigration audits. Employers can also have multiple reporting channels and robust investigation protocols in place to proactively resolve any potential compliance concerns. And, they should consider investing in training front-line managers on compliance and management of employee concerns so the employer can become aware of and remedy any potential violations before the employee turns to the DOJ. Employers can also ensure that any employee who does raise concerns about potential violations of federal immigration law are protected from retaliation, whether the employee raises their concerns internally or directly with the DOJ. 

Finally, while this increased focus on immigration and incentivization for whistleblowing is cause for alarm for employers, there is good news for those who stand prepared to take swift action. When the DOJ rolled out its CWAPP last year, it also announced an attendant Corporate Enforcement and Voluntary Disclosure Policy, which provides employers with a 120-day safe harbor under CWAPP to investigate, remediate, and self-disclose violations to avoid criminal penalties. The new Enforcement Plan expressly provides as follows:

If a whistleblower makes both an internal report to a company and a whistleblower submission to the Department, the company will still qualify for a presumption of a declination under the Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy — even if the whistleblower submits to the Department before the company self-discloses — provided that the company:

(1) self-reports the conduct to the Department within 120 days after receiving the whistleblower’s internal report, and

(2) meets the other requirements for voluntary self-disclosure and presumption of a declination under the policy.

Littler is continuing to monitor this developing area of law and will provide updates and greater insight in the future.