What Employers Should Know as USCIS Gains Enforcement Powers
The U.S. Citizenship and Immigration Services (USCIS) has undergone a transformation that could significantly impact employers across the United States. Traditionally, USCIS served as the benefits arm of the immigration system, handling visas, green cards, and naturalization applications. Enforcement, by contrast, fell to Immigration and Customs Enforcement (ICE). That division of labor no longer exists. Under a final rule published September 4, 2025, USCIS now has the authority to hire and train “1811” special agents—federal officers who can carry firearms, execute search and arrest warrants, and initiate prosecutions for immigration-related violations. This shift means that within weeks, USCIS will not only review petitions but will also have the power to investigate and arrest individuals suspected of fraud or misrepresentation.
For employers, this development raises a host of concerns. First and foremost, the blending of adjudication and enforcement creates new risks. Where errors in filings might once have led to a denial or request for evidence, those same errors may now attract investigative attention. Companies that rely heavily on employment-based immigration, such as tech firms in Houston or manufacturing companies in the Lehigh Valley, must recognize that USCIS will be positioned to handle investigations from start to finish without referring cases to ICE. In practice, this means employers could face direct scrutiny from the very agency adjudicating their petitions, an unprecedented overlap that threatens to increase liability.
Workplace disruption is another significant concern. With arrest powers in hand, USCIS agents could conduct investigations at job sites, creating a chilling effect among workers. Imagine the impact on morale and productivity if agents arrived at an Allentown warehouse or a Houston medical practice to arrest an employee or seize records. Even employers who act in good faith may see operations disrupted by surprise visits or expanded I-9 audits. The potential reputational damage, both internally with staff and externally with clients, cannot be ignored.
The policy shift also coincides with other DHS decisions that limit employer recourse. Earlier this year, the Department of Homeland Security eliminated the USCIS Ombudsman’s Office, which had previously provided an avenue for employers and attorneys to resolve errors, delays, and systemic problems. Without that support mechanism, employers now face a system that emphasizes enforcement but reduces collaborative problem-solving. At the same time, new screening protocols allow USCIS officers to review an applicant’s social media presence, and in August 2025 the agency adopted controversial “anti-Americanism” checks. These measures empower officers to deny benefits based on perceived ideological views, raising concerns for both applicants and the companies sponsoring them
Employers could now see valued employees denied benefits not for legal reasons but because of a social media post or political opinion, introducing an unpredictable element into workforce planning. For businesses, the implications are clear: compliance must be airtight. I-9 forms, the foundation of employment verification, will be scrutinized more closely than ever. Small discrepancies that might have been resolved with a correction letter in the past could now be treated as evidence of fraud. Companies should take proactive steps to audit their I-9s, ensure proper document retention, and consider supplementing compliance with E-Verify where feasible. Human resources staff should be trained to recognize and resolve issues quickly, minimizing the chance that an error escalates into an enforcement action.
Beyond documentation, employers must also adjust their internal policies. Social media policies deserve renewed attention, as public posts may now be reviewed by USCIS during adjudications. Employers should communicate clearly with staff about the importance of consistency between online presence and official records. While businesses cannot and should not police employee speech, they can educate workers on the heightened scrutiny now present in the immigration process. At the same time, companies should be ready to support employees by providing access to legal resources and maintaining an open line of communication. Building trust is critical; immigrant employees who feel vulnerable to government overreach will perform better if they know their employer is both informed and prepared.
Employers should also consider broader risk management strategies. Some companies may even consider insurance products that cover the costs of government investigations. Proactivity is the key: internal mock audits, staff training, and scenario planning can reduce the shock of an unexpected site visit. Equally important is messaging; companies that communicate preparedness internally are less likely to see fear and turnover among their immigrant workforce.
Ultimately, the new enforcement powers mark a fundamental change in the relationship between employers and USCIS. What was once an adjudication-focused agency is now an enforcement body with arrest powers, and the stakes for employers have never been higher. The message for businesses is clear: get proactive, not reactive. Strengthen compliance processes, audit existing documentation, train staff, and consult with legal counsel to ensure your organization can withstand the new scrutiny. Employers in Pennsylvania, New Jersey, and New York, where immigrant workers are vital to industries from healthcare to manufacturing, cannot afford to wait.
The risks are real and multifaceted. USCIS now has authority to arrest and prosecute individuals, including those connected to employer-sponsored petitions. On-site workplace enforcement is possible, creating the potential for disruption and reputational harm. Avenues for resolving problems outside of enforcement, such as the Ombudsman’s Office, have been reduced. Social media and ideological reviews can affect immigration status in ways employers cannot control.
For U.S. employers, this is not just a regulatory shift; it is a call to action. The time to prepare is now. By strengthening compliance, educating employees, and engaging with counsel, businesses can protect themselves while supporting their immigrant workforce in an era where USCIS is both adjudicator and enforcer.