Employers And Immigrants May Fear Immigration Service’s New Powers

USCIS Expands Law Enforcement Authorities, Raising Concerns Among Employers and Immigrants

The U.S. Citizenship and Immigration Services (USCIS) has introduced a new rule that grants its officers expanded law enforcement authorities, sparking concerns among employers and immigrants. The move is seen as a significant shift in the agency’s role, transforming it from a benefits-focused organization to an enforcement agency. The new rule, which came into effect on September 5, 2025, allows USCIS personnel to investigate and enforce civil and criminal violations of immigration laws, including the issuance and execution of warrants, arrests, and carrying of firearms.

Immigration attorneys have expressed alarm over the new authorities, citing the potential for increased intimidation and complexity in the immigration process. Dan Berger of Green & Spiegel noted that employers who offer green card sponsorship as a recruitment and retention tool may now face the possibility of interacting with armed USCIS agents during in-person interviews. Chris Thomas of Holland & Hart added that the new authorities open up a “new universe of potential exposure” for employers and their lawyers, particularly with regards to onsite visits and criminal liability.

Background and Context

The expansion of USCIS’s law enforcement authorities is part of a broader trend of increased immigration enforcement under the current administration. A Department of Justice memo issued in February 2025 directed federal prosecutors to prioritize immigration-related referrals, which could lead to increased criminal charges against companies and employers. The memo has raised concerns among immigration experts, who warn that it could lead to a chilling effect on employers offering sponsorship and employees seeking to stay in the United States.

USCIS Director Joseph Edlow has stated that the agency “must be an immigration enforcement agency,” marking a significant departure from its original mandate. The agency was established in 2003 to focus exclusively on the administration of benefit applications, with immigration enforcement and border security responsibilities assigned to other agencies, such as Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

Legality and Potential Challenges

The new rule has raised questions about its legality, with some experts arguing that it exceeds the authority granted to USCIS under the Homeland Security Act. Jon Wasden of Wasden Law believes that the rule is unlawful, stating that “USCIS isn’t supposed to be gun-toting cowboys” and that the active enforcement activities envisioned by the agency are precluded by law. As USCIS begins to exercise its new authorities, legal challenges are likely to arise, with companies, trade groups, and individual workers potentially seeking to block or overturn the rule.

The implications of the new rule are far-reaching, with potential consequences for employers, immigrants, and the immigration system as a whole. As the situation continues to evolve, it remains to be seen how the courts will interpret the legality of the rule and whether USCIS will be able to implement its expanded law enforcement authorities without facing significant challenges and opposition.