A New Era in Immigration Oversight?

Today we’re unpacking a major shift in immigration enforcement that’s already reshaping how employers and employees interact with federal agencies.

On October 6, 2025, the United States Citizenship and Immigration Services entered a new chapter. Traditionally known for processing immigration paperwork, United States Citizenship and Immigration Services now holds law enforcement powers once reserved for ICE and CBP. 

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• USCIS Becomes the Department of Homeland Security’s Newest Law Enforcement Agency

About the Authors

• Joe D. Whitley
• Lynn O'Brien
• Matthew Hickman

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

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Welcome back to Womble Perspectives, where legal developments meet real-world impact. Today we’re unpacking a major shift in immigration enforcement that’s already reshaping how employers and employees interact with federal agencies.

On October 6, 2025, the United States Citizenship and Immigration Services entered a new chapter. Traditionally known for processing immigration paperwork, United States Citizenship and Immigration Services now holds law enforcement powers once reserved for ICE and CBP. This change stems from a Final Rule issued by the Department of Homeland Security, following a delegation of authority from Secretary Kristi Noem.

So, what does this mean?

Let’s start with the why. DHS says this move aligns United States Citizenship and Immigration Services with the immigration priorities outlined in President Donald Trump’s Executive Order titled “Protecting the American People Against Invasion.” The goal is to better address immigration crimes, hold fraudsters accountable, and strengthen collaboration with federal law enforcement, including the Joint Terrorism Task Force.

The how is equally important. USCIS’s Fraud Detection and National Security Directorate has officially become the agency’s law enforcement arm. While the Directorate has existed since 2004 to investigate fraud and national security threats, it previously relied on ICE and CBP to take enforcement action. That’s no longer the case.

Now, USCIS Special Agents have the authority to:

·       Carry firearms and use both deadly and non-deadly force,

·       Execute detainers, search warrants, arrest warrants, and removal warrants,

·       Inspect aliens seeking admission into the U.S.,

·       Expeditiously remove undocumented immigrants—or release them on bond,

·       Present alleged violators for prosecution

·       And Arrest individuals for felonies and any crime committed in their presence,

Let’s pause here. That last point—arresting individuals for any crime committed in their presence—is a game changer. It means that even minor infractions, like having expired immigration documents or failing to produce them when asked, could now lead to arrest and removal.

What were once administrative inquiries—fraud assessments, compliance reviews, site visits—now carry a criminal enforcement component. This shift has serious implications for employers.

So, what should businesses do to prepare?

Here are eight key steps every employer should consider:

1. Educate Your Workforce

Make sure employees understand that certain USCIS officials now have law enforcement authority. This includes the power to arrest and remove individuals on the spot for immigration violations.

2. Review Site Visit Protocols

Update procedures for when USCIS or ICE agents conduct site visits. Designate a corporate point of contact, define areas subject to search, and train staff on how to assess the validity of warrants.

3. Audit Visa Activities

Ensure that foreign visitors on ESTA or B-1 visas are engaging in permitted business activities—not unauthorized work.

4. Verify Staffing Agreements

Make sure contracts with staffing agencies and independent contractors require all workers to be legally authorized. If these terms are already in place, consider conducting audits to verify compliance.

5. Update Immigration Documentation

Employees should have access to the latest copies of any immigration documents filed or obtained by the company on their behalf. This includes applications, petitions, and proof of ongoing work authorization.

6. Align Job Details with Visa Petitions

Review job descriptions, work locations, and salaries to ensure they match the information in the employee’s approved visa petition. Amend petitions if necessary.

7. Conduct I-9 Audits

Make sure your I-9 records are accurate, up-to-date, and compliant with U.S. immigration laws. This is a critical step in avoiding penalties.

8. Train Employees on Their Rights

Offer training on how to respond if approached by USCIS, ICE, or CBP agents. Understanding their rights can help employees stay calm and compliant during unexpected encounters.

These steps aren’t just about compliance—they’re about protecting your workforce and your business in a rapidly evolving enforcement landscape.

As United States Citizenship and Immigration Services Director Joseph Edlow put it, this is a “historic moment” that will “act as a force multiplier for DHS and our federal law enforcement partners.”

At Womble Bond Dickinson, our attorneys are ready to help you navigate this new terrain. Whether it’s updating your policies, conducting audits, or offering training, we’re here to support you every step of the way.

Thanks for joining us on Womble Perspectives. Stay tuned for more insights on the legal developments that matter most to you—and your business.

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