The U.S. Department of Justice has introduced a new whistleblower policy that places immigration-related offenses at the forefront of its enforcement agenda, significantly broadening its efforts to prosecute employers of immigrants and holders of H-1B visas. The policy shift allows the DOJ to prioritize tips from whistleblowers regarding violations of federal immigration law and reflects the Trump administration’s continued emphasis on immigration enforcement.
In February 2025, the Department of Justice issued a memo directing federal prosecutors to give top priority to immigration-related criminal cases. This new whistleblower initiative is in line with that directive and confirms that immigration remains the administration’s leading issue.
Matthew R. Galeotti, who heads the DOJ’s criminal division, unveiled the expansion of the whistleblower program to include immigration and other categories during his address at the Securities Industry and Financial Markets Association’s Anti-Money Laundering and Financial Crimes Conference on May 12, 2025. “We have made changes to our corporate whistleblower program to reflect our focus on the worst actors and most egregious crimes,” Galeotti announced. He further explained that he had tasked both the Money Laundering and Asset Recovery Section (MLARS) and the Fraud Section to reassess the existing whistleblower awards pilot program and identify additional enforcement areas in line with the administration’s objectives.
Galeotti revealed the updated focus areas for whistleblower tips, stating, “Today, we have added the following priority areas for tips: procurement and federal program fraud; trade, tariff, and customs fraud; violations of federal immigration law; and violations involving sanctions, material support of foreign terrorist organizations, or those that facilitate cartels and Transnational Criminal Organizations, including money laundering, narcotics, and Controlled Substances Act violations.” He emphasized that “as with every other area in our program, these tips must result in forfeiture to be eligible for an award.”
Attorney General Pam Bondi reinforced this stance on February 5, 2025, through a memo to DOJ personnel stating that “immigration enforcement” now stands at the top of the department’s list of criminal prosecution priorities. Bondi wrote, “The Department of Justice shall use all available criminal statutes to combat the flood of illegal immigration that took place over the last four years, and to continue to support the Department of Homeland Security’s immigration and removal initiatives.” She singled out violations of the Alien Registration Act and charges of “bringing in and harboring aliens” as areas requiring increased focus—offenses that have historically seen limited use against employers.
The memo issued by Bondi also outlined strict reporting requirements for DOJ attorneys. “Any declinations of immigration-related offenses shall be disclosed as Urgent Reports,” it stated. Furthermore, each U.S. Attorney’s Office must provide quarterly reports to the Executive Office for United States Attorneys summarizing their immigration-related caseloads.
Federal prosecutors appear to be following through on the directive. A press release issued in Texas on April 11, 2025, bore the headline: “U.S. Attorney’s Office Adds 295 New Immigration Cases in One Week.” The announcement quoted Acting United States Attorney Margaret Leachman for the Western District of Texas, who stated, “Federal prosecutors in the district filed 295 immigration and immigration-related criminal cases from April 4 through April 10.” The press release explained that these cases fall under Operation Take Back America, which aims to marshal DOJ resources “to repel the invasion of illegal immigration.”
This pivot in priorities is affecting more than just prosecutors. According to a report by NBC News, “FBI field offices around the country have been ordered to assign significantly more agents to immigration enforcement, a dramatic shift in federal law enforcement priorities that will likely siphon resources away from counterterrorism, counterintelligence and fraud investigations.”
However, many employers of immigrants and foreign visa holders may not yet recognize the serious implications of these policy changes. Chris Thomas, a partner at the law firm Holland & Hart, warned, “Employers do not appear to grasp the depth and breadth of options DOJ and DHS may have to bring enforcement actions.” He cautioned that while these agencies had previously shown restraint in criminal prosecutions, employers should not assume the past is an accurate predictor of future enforcement trends.
Thomas also highlighted the potential damage to businesses, stating that a federal raid or indictment can cripple a company’s operations and inflict severe reputational harm. Employers face the risk of criminal charges that could result in up to 10 years in prison per count, fines of $500,000 per violation, and asset forfeiture.
Prior to its expansion, the DOJ’s Corporate Whistleblower Awards Pilot Program offered compensation to individuals providing “original and truthful information about corporate misconduct that results in a successful forfeiture.” Until now, eligible misconduct included crimes involving financial institutions such as banks and cryptocurrency firms, foreign and domestic corporate corruption, and health care fraud involving private insurers.
The newly revised whistleblower policy can now be applied against employers of highly skilled foreign professionals, including those holding H-1B visas. “It can be and will be used against H-1B employers, along with potentially companies employing L-1, O-1 and TN visa holders,” Thomas explained. He added, “If anybody blew the whistle for an employer knowingly offering false information, charges could be brought. We have even seen DOJ prosecute employers that provide misleading invitation letters for business visitors, such as B-1 or ESTA, claiming that they are coming for meetings, when they are coming to engage in work.”
In recent weeks, U.S. Citizenship and Immigration Services has issued Requests for Evidence for several H-1B and employment-based immigrant petitions. These inquiries suggest the agency may possess “adverse information” on particular individuals, although the focus thus far appears to be on employees rather than the companies that sponsor them.
Over the last four months, the Trump administration has been laying the foundation for these new criminal priorities. As the policy translates into actual enforcement through raids and indictments, Thomas warns that employers may be forced into compliance at a late stage. “As the rhetoric translates into significant raids and criminal charges, employers will be forced to take compliance much more seriously,” he said. “At that point, however, it may be too late.”
In summary, the Department of Justice’s expanded whistleblower program marks a sharp escalation in immigration-related enforcement, particularly targeting U.S. employers who hire foreign nationals. This reflects a broader realignment of federal priorities under the Trump administration, with serious implications for businesses, especially those dependent on skilled foreign workers.