A New Era of Enforcement
The DOJ’s pivot comes on the heels of a February 5, 2025, memo from Attorney General Pam Bondi, which declared immigration enforcement as the department’s top priority. The memo directed federal prosecutors to leverage “all available criminal statutes” to combat illegal immigration, explicitly targeting violations of the Alien Registration Act and provisions against “bringing in and harboring aliens.” This directive has already spurred action, with the U.S. Attorney’s Office in the Western District of Texas filing 295 immigration-related cases in a single week in April 2025, under the banner of “Operation Take Back America.”
The Corporate Whistleblower Awards Pilot Program, launched on August 1, 2024, initially focused on financial institution crimes, foreign and domestic corruption, and health care fraud. Its expansion to include immigration violations signals a broader net, one that could ensnare tech companies employing H-1B visa holders, as well as L-1, O-1, and TN visa holders. Chris Thomas, a partner at Holland & Hart, warns that employers may not fully grasp the “depth and breadth” of enforcement tools now at the DOJ’s disposal.
“Though these agencies have shown restraint in the types of criminal cases they have brought in the past, employers should not make the mistake of assuming prior enforcement activity will serve as any indication of what may be coming,” said Thomas.
According to Thomas, facing a raid and criminal charges can cripple a business, leading to lasting damage to its reputation. The potential criminal penalties are severe, including prison sentences of up to 10 years per count, fines of up to $500,000 per count, and asset forfeiture.
