Employers are facing a new risk related to immigration law non-compliance: incentives for immigration whistleblowers. The Department of Justice (DOJ) recently amended the Corporate Whistleblower Awards Pilot Program (CWAPP) to encourage individuals, including disgruntled former employees, to report suspected immigration law violations. If a tip leads to a criminal or civil forfeiture of at least $1,000,000, the whistleblower could be rewarded with up to 30% of the proceeds.
This development is part of the Trump administration's effort to crack down on immigration violations. Earlier this year, the DOJ announced its objective to prioritize and aggressively prosecute immigration-related cases. Since then, the administration has limited or ended certain visa programs and directed Immigration and Customs Enforcement (ICE) to carry out workplace raids.
All employers of non-citizens should take time to understand their legal obligations and limit their exposure now.
About the Immigration Whistleblower Expansion Under the Corporate Whistleblower Awards Pilot Program
The Biden administration created CWAPP in August 2024 to encourage reporting of white-collar crimes like accepting bribes, defrauding the government, and money laundering. On May 12, 2025, the Trump administration revised CWAPP to include a new focus on violations of federal immigration law. The change allows whistleblowers to report suspected violations, such as knowingly hiring employees without authorization to work in the United States or providing false information to the government on employer-sponsored visa applications.
The DOJ has yet to explicitly attribute any public prosecution to CWAPP, but it has reported receiving many immigration-related tips in the new program's first few weeks. Employers who hire non-citizen employees should prepare for enforcement efforts and continued scrutiny on immigration compliance.
Recommended Actions
While employers cannot prevent a whistleblower from sending a tip to the DOJ, they can be prepared and take steps to limit any potential liability:
Encourage and Investigate Internal Reports
Employers may avoid liability if they voluntarily disclose and investigate immigration law violations. The DOJ's Corporate Enforcement and Voluntary Disclosure Program provides a safe harbor for companies that disclose violations within 120 days of receiving an internal whistleblower report. Accordingly, it is crucial to maintain an internal reporting system and act on any reports promptly.
Conduct an Internal I-9 Audit and Otherwise Review Immigration Compliance Procedures
Employers are required to ensure that their employees are authorized to work in the U.S., and many are required by law to use E-Verify to confirm eligibility. Additionally, employers must keep I-9s on file for all current employees and for former employees for three years after the date of hire or one year after their employment ends, whichever is later.
Train HR on Immigration Law Compliance
Make sure your HR department has adequate systems in place to track visa renewal and expiration dates, maintain a public access file for H-1B employees, and verify work eligibility without violating anti-discrimination laws that protect against national origin discrimination.
Employers with questions about immigration compliance and CWAPP are encouraged to contact the authors, or any member of Venable’s Labor and Employment Group, for assistance.