USCIS Expands Law Enforcement Powers to Combat Immigration Fraud
USCIS Authorized to Expand Law-Enforcement Functions? What It Would Mean—and What Stays the Same
USCIS’s core mission is benefits adjudication (visas, green cards, naturalization). Within that mission, the agency already combats fraud through its Fraud Detection and National Security (FDNS) directorate. This directorate conducts administrative inquiries, database vetting, and unannounced site visits (for example, to verify H-1B or L-1 job duties and worksites). FDNS can refer suspected crimes to DHS partners—primarily Homeland Security Investigations (ICE/HSI)—and to the Department of Justice.
If USCIS were formally authorized to expand law-enforcement authorities with new “special agent” roles, here’s what that would likely mean in practice:
1) Clearer criminal–administrative handoffs.
Specialized USCIS agents could package fraud referrals with stronger evidentiary records. This includes sworn statements and preservation of digital evidence, speeding decisions on whether HSI or prosecutors should open a case.
2) More structured field activity.
Expect better-documented worksite verifications, standardized interview protocols, and improved chain-of-custody for records. These would be gathered during FDNS visits. Routine compliance reviews would still focus on administrative verification.
3) Narrow focus on benefit fraud and national security.
Any expanded role would likely target document fraud, sham employment, sham marriages, identity theft, and security-related ineligibilities. This would not encompass general immigration enforcement at large, which remains with ICE and CBP.
4) Due process remains.
Even with enhanced investigative capacity, USCIS must follow the INA, regulations, and the Policy Manual. They must issue RFEs/NOIDs, honor representation, and base outcomes on the record.
How applicants and employers should prepare—now
- Accuracy first: Ensure petitions match reality (duties, wages, worksites, corporate structure).
- Audit files: Keep public access files, itineraries, and payroll evidence current; preserve onboarding and I-9 records.
- Interview readiness: Train designated points of contact; be courteous, truthful, and limit responses to what is asked.
- Incident response plan: If potential fraud surfaces, involve counsel early to assess withdrawal, amendment, or self-disclosure strategies and to protect legal privilege.
Bottom line: Whether or not “special agent” roles expand, USCIS will continue to scrutinize fraud while adjudicating benefits. Strong, consistent evidence—and proactive compliance—remains the best defense..
