The U.S. Department of Justice (DOJ) has expanded the Corporate Whistleblower Awards Pilot Program (CWAPP) to include corporate immigration violations, thereby incentivizing whistleblowers to report such violations.
What is the CWAPP?
Through the pilot program’s expansion, the DOJ expands its scrutiny to corporate compliance with federal immigration laws. The program was initially launched on August 1, 2024, as a three-year initiative aimed at prosecuting corporate crimes. This program was an effort by the DOJ to enhance its ability to combat corporate and white-collar crime with the help of whistleblowers. The four categories covered by the original program were:
- Foreign corruption and bribery
- Financial institution crimes
- Domestic corporate corruption
- Health care fraud involving private insurance plans
The program offers whistleblowers who provide original and truthful information about corporate misconduct 30% of the first $100 million in forfeited proceeds and up to 5% of amounts between $100 million and $500 million. On May 12, 2025, the DOJ expanded CWAPP to include corporate violations of federal immigration law through its White Collar Enforcement Plan, which will likely increase whistleblower reports.
Companies that disclose, cooperate, and implement appropriate remedies in their Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) within 120 days of the initial internal report will not be prosecuted by the DOJ. Employers frequently make errors when completing the Form I-9 (employment eligibility) verification, which can lead to costly fines. Employee-generated reports pose a risk of retaliation; however, there must be proper verification of work authorization for new and retained employees. Thus, the question remains whether a business may have sufficient internal processes to do both successfully.
Strengthening Immigration Compliance Programs
Employers may want to engage legal counsel in strengthening immigration compliance programs and encouraging potential whistleblowers to report concerns. An effective program will consider:
- Written policies and procedures: Clear, specifically tailored protocols relating to immigration compliance
- Confidential reporting channels: Anonymity encourages employees to safely report their concerns
- Prompt internal investigations: Quick and thorough investigation of internal reports
- Consistent disciplinary measures: Giving employees confidence that violations will be addressed fairly and proportionately
- Regular testing and review: Regularly checking immigration compliance programs to ensure they remain effective
- Third-party management: Reviewing third-party contracts for “representations and warranties,” ensuring protection in the event that the third-party does not comply with immigration laws
- Detailed record-keeping: Maintaining clear documentation of compliance efforts
- Ongoing training and communications: Setting clear expectations on immigration compliance and outlining them clearly
A compliance program that incorporates these factors is the best bet in proper verification of work authorization for all employees and aims to protect whistleblowers from retaliation.
The Takeaway
The DOJ is expanding the CWAPP to include corporate violations of federal immigration law. The DOJ will not prosecute companies that disclose, cooperate, and implement appropriate remediation measures in their Corporate Enforcement and Voluntary Self-Disclosure Policy within 120 days of the initial internal report. Companies can be proactive by strengthening their immigration compliance programs and ensuring they remain current.
McGlinchey Summer Associate Amber Clement assisted with the writing of this article.
