Policy and Legal

Federal prosecutors have been ordered to prioritize the prosecution of “immigration-related violations,” according to a recent memo from U.S. Attorney General Pam Bondi to all Justice Department employees.
 
What’s going on: The memo, sent Feb. 5, tasks U.S. Attorneys’ Offices across the U.S. with using “all available criminal statutes to combat the flood of illegal immigration … and to continue to support the Department of Homeland Security’s immigration and removal initiatives.” The offices are also required to track and report immigration-related cases and convictions.   
 
What it means: Under the new policy, employers that knowingly hire foreign workers who lack work authorization will face heightened risks of criminal prosecution.

• There will also be more criminal investigations into employers found to have committed workplace immigration violations, even unintentional ones.
• Companies that have a history of noncompliance will be prioritized for enforcement actions.
• The federal government will lean on state and local authorities to investigate and pursue immigration-related violations. Those that obstruct investigation efforts (which can include simply failing to comply or cooperate) could face criminal charges.
• Prosecution will not be limited to large companies.

Dive deeper: Read our partner law firm Fisher Phillips’ top five takeaways from the DOJ memo.