DOJ Memo Signals Aggressive Immigration Enforcement with Implications for Employers and Noncitizens
On February 5, 2025, the Department of Justice Office of the Attorney General issued a memorandum titled "General Policy Regarding Charging, Plea Negotiations, and Sentencing," which, among other things, directs federal prosecutors to prioritize rigorous investigation and prosecution of immigration-related offenses and impose criminal liability for immigration violations, including knowingly hiring individuals who are not authorized to work in the US.
What’s Happening?
The U.S. Attorneys’ Offices and other litigating components of the Department of Justice (DOJ) will make immigration enforcement a top priority. The DOJ is committed to deploying every applicable criminal statute to address immigration violations. This includes actively pursuing charges relating to immigration violations presented by federal, state or local law enforcement or the intelligence community. As a result, we anticipate an increase in immigration-related arrests by state and local law enforcement officials.
More specifically, the DOJ will prioritize bringing charges related to the following violations:
- Hiring and employing unauthorized aliens (8 U.S. Code § 1324a);
- Being in the United States illegally or unlawfully (18 U.S. Code § 922);
- Misrepresenting or concealing facts for the purposes of entering the United States ( 8 U.S. Code § 1325);
- Engaging in unfair immigration-related hiring and recruitment practices (8 U.S. Code § 1324b);
- Falsifying immigration-related documents, such as applications or petitions (8 U.S. Code § 1324c).
Furthermore, the DOJ will investigate and prosecute state and local actors whom it deems to have resisted or obstructed enforcement initiatives.
What Does This Mean for You?
Businesses employing noncitizens can expect higher scrutiny and increased workplace audits/investigations. Employers should be especially vigilant in ensuring that they strictly adhere to immigration laws when it comes to hiring workers; fully comply with work-site investigations; and ensure that there are no misrepresentations in immigration filings.
This memo ushers in a proactive enforcement era, prioritizing immigration-related prosecutions. In response, employers should be sure to conduct internal I-9 reviews, train staff on compliance protocols, and work with legal counsel to develop robust response plans for audits and investigations.
Conclusion
Please contact the Pryor Cashman attorney you work with or one of the attorneys in our Immigration Practice to evaluate your exposure and build a tailored compliance strategy.
--
Associate Jeremy Ancelson was a contributing author to this client alert.
