A recent memo from U.S. Attorney General Pam Bondi emphasizes the Department of Justice's (DOJ) increased focus on immigration enforcement, signaling a shift in prosecutorial priorities. The guidance directs federal prosecutors to pursue serious criminal charges in immigration-related cases, including those against employers who knowingly or recklessly employ undocumented workers. Prosecutors are instructed to focus on severe, readily provable offenses, particularly those involving harboring or transporting undocumented individuals, failing to comply with immigration registration requirements, and document fraud related to the I-9 Employment Eligibility Verification processes. These cases may lead to significant penalties such as fines and imprisonment.
The DOJ's expanded focus on immigration enforcement is designed to combat illegal immigration and target employers, particularly those hiring H-1B visa holders or third-party contractors. Companies could face criminal charges for misrepresentation or noncompliance with immigration laws. The policy also strengthens collaboration with Homeland Security Investigations (HSI), which will increasingly pursue criminal charges, and requires reporting of any immigration-related offenses not pursued for prosecution.
In line with this approach, prosecutors are urged to pursue the most serious charges and penalties, ensuring that plea bargaining does not result in reduced charges. Sentencing should adhere to the U.S. Sentencing Guidelines' recommended range, with an emphasis on severe penalties. Importantly, the DOJ will no longer have broad discretion to decline criminal immigration cases. The various U.S. Attorneys’ Offices are expected to accept and pursue all criminal cases referred by law enforcement or intelligence agencies, particularly those involving unlawful employment, I-9 violations, and visa fraud. The goal is to eliminate the “employment magnet” driving illegal immigration.
Given this heightened focus on criminal immigration violations, experts warn businesses, especially small ones, to stay vigilant about compliance with immigration laws. Employers are advised to conduct regular I-9 audits, ensure all documentation is in order, and prepare for potential ICE raids. It is crucial for businesses to work with legal counsel to address any potential violations proactively before federal authorities intervene. This shift in DOJ policy means businesses must adopt comprehensive immigration compliance programs to avoid significant legal risks. For more questions on this, and other immigration matters, contact the attorneys at Prime Path Immigration Law Firm Limited USA.
Reference:
Anderson, Stuarts. “DOJ Immigration Memo Bad News For Employers Of Immigrants, H-1B Visas” Forbes. February 25, 2025.
