Firms' Immigration Whistleblower Exposure

The U.S. Department of Justice has significantly expanded corporate liability exposure by amending its Corporate Whistleblower Awards Pilot Program (CWAPP) to include violations of federal immigration law, according to a client alert issued by Littler Mendelson P.C.

Announced as part of the DOJ Criminal Division’s new White Collar Enforcement Plan, Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime, the amendment designates immigration law violations by corporations as a new priority enforcement area. Originally launched in 2024 under the Biden administration, CWAPP was designed to encourage whistleblower disclosures on offenses such as bribery, money laundering, and health care fraud.

Under the updated plan, current or former employees can now report alleged immigration violations directly to the DOJ and become eligible for financial rewards if the information results in a successful prosecution and asset forfeiture. This development sharply increases the legal risk for employers, especially as it may encourage whistleblowing from disgruntled or former staff.

The DOJ reaffirmed that employers can still qualify for a declination of prosecution under its Corporate Enforcement and Voluntary Disclosure Policy—provided they self-disclose within 120 days of receiving an internal report from the whistleblower and meet all other policy requirements.

Littler advises employers to proactively conduct immigration compliance audits, implement multiple internal reporting channels, and train managers on immigration law compliance and retaliation protections.

Full Littler alert: Littler ASAP