Tattletale?: Examining Whether You Must Report Your Client To The Immigration Authorities
Kate Gould, Esq.
August 27, 2025
In most areas of the country, August means back to school. Whether you are shopping for school supplies or just reminiscing about the how that fresh box of crayons made you feel, the nervous excitement of those first few days of grade school is a core childhood memory for most. The not-so-pleasant memories of primary school education – those might include the classmate that was eager to report your failure to follow the rules of kickball or your questionable behavior in line. Of course, no one wants to be that kid.
Immigration lawyers are frequently confronted with similar (yet higher stakes) circumstances when representing their clients. If you learn about a client’s failure to observe their visa conditions – whether through your observation, discussion with the client, or other investigation – what is your obligation to report your client’s violation to the immigration authorities? For example, what if you discover your client married a U.S. citizen solely for purposes of permanent resident status? Or, what if your student-client accepted employment somewhere other than their university? Are you obligated to report them and does your disclosure violate attorney-client confidentiality?
Unlike the kid looking for the teacher on the playground to report a rulebreaker, you likely feel the tension of the competing obligations under the Model Rules when you learn of your client’s violation. While Model Rule 1.6 requires that you not reveal a client confidence (subject to certain circumstances) or use any such information to the client’s disadvantage, Model Rule 4.1 prohibits you from knowingly making a false statement of material fact or law to a third person. So how do these rules realistically apply in practice?
Thankfully, immigration attorneys are only charged with preserving client confidences within the bounds of the law. So while you do not have to volunteer confidential client information to an immigration authority, you must advise your client to answer questions on any applications truthfully. In fact, immigration lawyers have faced criminal charges and been convicted for making false statements on certain applications. Keep in mind that in counseling your client to be honest, your duty under Model Rule 2.1 may be implicated. Specifically, you may be required to offer advice to your client if they propose (or you become aware) of actions likely to result in substantial adverse legal consequences to them.
To avoid this scenario in the first place, ensure you follow your intake procedures and properly vet your potential clients. By effectively screening your clients, you may avoid this uncomfortable situation. Of course, if you do accept the representation and your client insists on making a false representation (or omission), you may need to withdraw since you are prohibited from knowingly making a false statement of fact. Appropriately withdrawing from the matter may be the only means of avoiding an ethical violation or even criminal consequences. And, you can leave the tattling to the playground.
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