Employers and immigrants could feel anxiety over expanded authority of the Immigration Service

Immigration Authority Expands Sweeping Powers Over Workers and Immigrants

In a move that has sent shockwaves through the immigration community, the United States Citizenship and Immigration Services (USCIS) has been granted new enforcement powers by the Department of Homeland Security (DHS). This development, announced on September 5, 2025, has alarmed immigration attorneys and legal experts who question the legality of the regulation.

The new authorities, as outlined on the USCIS website, allow USCIS personnel to investigate and enforce civil and criminal violations of immigration laws. This includes the issuance and execution of warrants, the arrest of individuals, and the carrying of firearms. Chris Thomas of Holland & Hart, a prominent immigration attorney, expects an increase in employee arrests, an expansion of onsite visits by USCIS Fraud Detection & National Security officers, and an expansion of criminal liability and reputational exposure for employers.

The Department of Justice (DOJ) memo issued on February 5, 2025, directs federal prosecutors to prioritise and accept all immigration-related referrals. This, coupled with the new USCIS enforcement powers, may lead to employers of H-1B visa holders facing prosecution in cases where revocation was previously the practice. Companies could potentially face criminal charges in cases that the DOJ may not have pursued in the past.

Jon Wasden of Wasden Law shares Thomas' concerns, believing the new rule granting USCIS law enforcement authorities is unlawful. Wasden argues that it goes against the Homeland Security Act's intent for USCIS not to be an enforcement agency. He suggests that the new rule is a test of the courts, including the Supreme Court, to determine whether they will uphold the rule of law or appease the current administration.

The USCIS, according to its website, was founded to focus exclusively on the administration of benefit applications, and not on enforcement. However, USCIS Director Joseph Edlow stated that USCIS has always been an enforcement agency, a claim that critics compare to the famous line in George Orwell's novel 1984.

ICE and USCIS are different agencies with distinct missions: ICE is the enforcement arm, while USCIS is a benefits agency responsible for adjudicating applications. One area USCIS could focus on is work performed at customer sites by individuals in H-1B status. In Donald Trump's first term, USCIS officials issued memos and took unsuccessful regulatory action against such work.

The recent changes at USCIS have made the immigration process more intimidating, according to Dan Berger of Green & Spiegel. He urges employers to review their policies, inform staff, and prepare for site visits. Thomas echoes this advice, recommending that employers take proactive measures to ensure compliance with immigration laws.

Critics, including some legal experts and civil rights organizations, continue to question the legality of the regulation granting USCIS new police powers. As the situation unfolds, it is clear that this development will have significant implications for both employers and workers in the H-1B visa category.