DOJ Expands Whistleblower Program to Target Immigration Violations in the Workplace

The U.S. Department of Justice (DOJ) recently expanded its Corporate Whistleblower Awards Pilot Program (CWAPP), which was originally launched by the Biden Administration in August 2024 to target financial crimes, foreign corruption, and healthcare fraud. Under the Trump Administration, CWAPP’s scope has been significantly broadened to include immigration law violations, customs fraud, government contracting abuses, and ties to transnational criminal organizations. This development marks a new era in immigration enforcement, one in which financial incentives are being used to encourage employees—past or present—to come forward with credible allegations about employer misconduct, including misuse of visa programs, failure to properly maintain I-9 forms, or systemic immigration fraud.  

A Case That Sparked a Trend

In 2013, a whistleblower came forward with allegations that his employer failed to comply with federal immigration laws, including significant I-9 violations. The result was a staggering $34 million civil settlement tied to claims of visa abuse and immigration process manipulation. That whistleblower later built a career as a consultant, helping others navigate the whistleblower process with a focus on immigration and employment issues. The company at the center of that case has since faced repeated scrutiny. More recently, it has been targeted by whistleblower complaints to both the U.S. Securities and Exchange Commission (SEC) and the Securities and Exchange Board of India, suggesting that once regulatory attention is attracted, it can snowball across agencies and borders.

From ICE to DOJ: A Shift in Focus and Firepower

Until early 2025, whistleblower tips about immigration issues largely fell under the jurisdiction of Immigration and Customs Enforcement (ICE). Now, the DOJ is leading the charge—and it is bringing criminal enforcement tools with them. While ICE typically handles civil matters, the DOJ is signaling that criminal prosecution is increasingly likely for employers found in violation of federal immigration laws. Importantly, the DOJ’s scope includes not only unauthorized employment of undocumented workers, but also lawful immigration pathways, such as the use of H-1B visas. This expansion presents material risk to employers operating across multiple immigration categories.

DOJ Applies Financial Enforcement Model to Immigration Violations

By incorporating immigration-related claims into its whistleblower program, the DOJ is doing more than shifting priorities.  Whistleblowers can now receive up to 30% of forfeited funds in successful cases, provided the total exceeds $1 million. This mirrors the reward structures of other major whistleblower programs, including:

• False Claims Act (FCA): Whistleblowers can receive 15% to 30% of the government’s recovery, depending on the level of government involvement.
• SEC and CFTC Whistleblower Programs: Awards between 10% and 30% of sanctions collected, if the monetary penalties top $1 million.

These programs have already proven lucrative. In one 2025 case, two FCA whistleblowers were awarded nearly $104.5 million.

What Employers Need to Know

Immigration compliance has now moved beyond civil liability and into the realm of criminal enforcement. With a financial bounty driving whistleblower reports and federal prosecutors focused on immigration violations, the risk to employers has increased significantly.

Employers should act now to assess vulnerabilities in their immigration practices. For questions about these developments—or for assistance reviewing your immigration practices and whistleblower protocols—please contact one of Honigman’s Labor and Employment or Immigration attorneys.