Strengthening Immigration Enforcement
On February 5, 2025, Attorney General Pamela Bondi’s office released a memorandum outlining new immigration enforcement policies with significant implications for foreign nationals and their U.S. employers. This update from the U.S. Department of Justice (DOJ) highlights the administration’s commitment to stricter immigration controls and underscores the necessity for individuals and businesses to stay prepared.
Immigration as a Top DOJ Priority
The memorandum, titled *General Policy Regarding Charging, Plea Negotiations, and Sentencing*, emphasizes the DOJ’s prosecutorial discretion in charging decisions, plea agreements, and sentencing. However, its primary focus is immigration enforcement, which takes precedence over issues such as human trafficking, transnational crime, and law enforcement protection. This prioritization reflects the administration’s continued focus on immigration-related offenses.
Expanding Immigration-Related Criminal Charges
The memorandum directs DOJ offices to pursue immigration-related violations whenever they are readily provable. These offenses include unauthorized entry into the U.S. (8 U.S.C. § 1325), reentry after removal (8 U.S.C. § 1326), assisting unlawful entry (8 U.S.C. § 1327), and human trafficking for illicit purposes (8 U.S.C. § 1328). Additionally, it expands enforcement to lesser-known violations, such as:
- Failure to carry proof of immigration status: A misdemeanor punishable by a fine of up to $100 and/or 30 days in jail (8 U.S.C. § 1304).
- Failure to update USCIS with a change of address within 10 days: Punishable by a fine of up to $200, up to 30 days in jail, and potential removal unless a justifiable reason is provided (8 U.S.C. § 1306).
Targeting Employers and Business Practices
Recent reports suggest the DOJ is increasingly using 8 U.S.C. § 1324, traditionally aimed at human traffickers, to penalize companies employing unauthorized workers. Additionally, failing to report address changes or ensuring employment conditions match benefit requests could result in criminal charges and visa revocations. The DOJ is also leveraging laws against obstruction and fraud, creating liability risks for employers working with foreign nationals, including those utilizing third-party contractors.
Pressure to Prosecute Immigration Violations
The memorandum requires DOJ employees to submit *Urgent Reports* when they decline to prosecute immigration-related offenses. Such reports are typically reserved for high-priority incidents like kidnappings, officer-involved shootings, and public corruption cases. Additionally, U.S. Attorney’s Offices must conduct quarterly reviews of their immigration-related activities, allowing DOJ leadership to monitor compliance with its intensified enforcement agenda.
Conclusion: Stay Prepared and Informed
This memorandum reinforces the administration’s aggressive stance on immigration enforcement, signaling increased legal scrutiny for foreign nationals and businesses. The DOJ is prioritizing criminal prosecution of immigration violations and closely tracking enforcement efforts nationwide. Given these developments, individuals and employers must proactively prepare for federal oversight and enforcement actions. If you have any questions or need guidance on how to navigate these changes, contact us for expert assistance.
