Whistleblowers and immigration law are not new, but what is new is that immigration whistleblowers are the top priority of the Department of Justice (DOJ), and the DOJ is spicing up its priority by promoting the potential financial rewards to those that report a U.S. employer’s alleged immigration violations. The DOJ has posted announcements that it has expanded its corporate whistleblower program to include immigration law violations and that under this program, whistleblowers can receive up to 30% of forfeited funds exceeding $1 million.
In 2013, a whistleblower reported to the Department of Homeland Security (DHS) his employer’s immigration law violations, including failure to maintain Form I-9 records, costing his employer a $34 million civil settlement based on allegations of systemic visa fraud and abuse of immigration processes. The Form I-9 records were in part used to determine the fine amount. Later, the whistleblower ex-employee became a whistleblower consultant, specializing in immigration and employment.
Once a business is a whistleblower target, the focus remains; more recently, the same company faced multiple whistleblower complaints filed with the U.S. Securities and Exchange Commission and the Securities and Exchange Board of India, alleging unethical practices and methods related to revenue boosting and profit margins.
Until February 2025, DHS’s Immigration and Customs Enforcement (ICE) was the lead agency responsible for receiving and investigating these tips. At that time, ICE reminded USA Today of the ICE tip form and phone number to report criminal activity, including illegal immigration. ICE also added that it does not offer rewards for tips in support of civil immigration enforcement objectives. But soon, things changed. A February 2025 DOJ memo directed federal prosecutors to prioritize immigration-related cases. Now, based on a variety of factors, the DOJ has taken steps to expand its whistleblower program.
Today, the heat is on, the PR is up, and the target is broader. The DOJ is not only actively seeking out immigration-related whistleblower complaints but also reminding potential whistleblowers of the financial reward they may reap. The DOJ is reminding potential whistleblowers that under this program, whistleblowers can receive up to 30% of forfeited funds exceeding $1 million. Under this new policy, the DOJ will prioritize whistleblower tips of employers accused of violating federal immigration law, and dangles rewards for tips. For more details on the program, see Alston & Bird’s White Collar, Government & Internal Investigations advisory here.
In addition to making immigration its priority, the DOJ is expanding its efforts to prosecute employers of not just immigrants without proper authorization but also “legal immigration” situations, such as employers of H-1B visa workers.
A final key takeaway is that the DOJ is the criminal-law enforcer. Historically, all ICE-led matters and investigations, whistleblower or other, lived within the civil realm. The DOJ, on the other hand, is the criminal expert. It will find and seek criminal charges whenever and wherever it might.
Beyond the DOJ, whistleblowers can also reap financial awards via:
- The False Claims Act (FCA). Whistleblowers receive a reward of 15% to 25% of the government’s recovery if the government intervenes in the case, or if it declines but the whistleblower proceeds, the reward can be 25% to 30% of the recovery. In May 2025, a court awarded two FCA whistleblowers nearly $104.5 million.
- SEC and Commodity Futures Trading Commission whistleblower programs. Awards range from 10% to 30% of the money collected when the monetary sanction exceeds $1 million.
Even so, while a whistleblower may get rich, employers should never ignore the issue of criminal charges. The Administration is seeking these charges, and some employers will be criminally charged. The new whistleblower policy confirms that the Trump Administration’s top issue remains immigration enforcement.
If you have any questions, or would like additional information, please contact one of the attorneys on our Immigration team.
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