ARTICLE · 09 SEPTEMBER 2025

DHS Final Rule Significantly Expands USCIS Immigration Enforcement Authority

Duane Morris LLP

Explore more from Duane Morris LLP

On September 5, 2025, the Department of Homeland Security (DHS) published a final rule that significantly expands the authority of USCIS to carry out immigration enforcement activities and facilitate the removal of individuals living in the United States without valid status.

United StatesImmigration

Kristopher W. Peters

Author LinkedIn connections

On September 5, 2025, the Department of Homeland Security (DHS) published a final rule that significantly expands the authority of USCIS to carry out immigration enforcement activities and facilitate the removal of individuals living in the United States without valid status.

This final rule marks a fundamental shift for United States Citizenship and Immigration Services(USCIS) into immigration enforcement. Historically, USCIS has been primarily responsible for identifying and investigating fraud through civil investigations conducted during the regular adjudication of applications and petitions for immigration benefits. In contrast, Immigration and Customs Enforcement has until now maintained the sole responsibility for detecting, deterring and conducting criminal investigations of immigration benefit fraud.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

Related Articles

November 2026 Visa Bulletin: Key Updates And Priority Date Movement

United StatesImmigration

Greenberg Traurig

Lotería de Visas de Diversidad (Green Card) 2027: Decisión Judicial y Cómo Prepararse para una Nueva Vida en Estados Unidos

United StatesImmigration

Akalan Law Firm

October 2026 Visa Bulletin Advances EB-5 Filing Date For Mainland China By 4 Years

GlobalImmigration

Greenberg Traurig

DHS Proposes New OPT Fees: What It Means For F-1 Students, Schools, Employers

United StatesImmigration

Jackson Lewis P.C.

DHS Continues Work Authorization For Ukrainian, Sudanese TPS Beneficiaries; I-9 Guidance Remains Unclear

United StatesImmigration

Greenberg Traurig

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Immigration
- General Immigration

Related Comparative Guides

Comparative Guide

Investment Treaty Arbitration

Comparative Guide

Corporate Immigration

See more popular content from

Immigration

Federal Court Blocks DHS F-1, J-1 Fixed-Period Admission Rule; Curricular Practical Training Restrictions Remain

A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.

United StatesImmigration

Jackson Lewis P.C.

U.S. Temporarily Pauses Immigrant Visa Applications Worldwide

The U.S. Department of State has temporarily paused immigrant visa interviews worldwide to conduct training programs for consular officers on public charge assessments. This development affects scheduling at U.S. embassies and consulates globally, though it does not mean all immigrant visa applications have been canceled or permanently suspended.

United StatesImmigration

Akalan Law Firm

Federal Court In CLINIC v. Rubio Strikes Down Immigrant Visa Freeze Affecting 75 Countries

A federal judge has invalidated the U.S. Department of State's nationality-based policy suspending immigrant visa issuance for nationals of 75 countries. The ruling in CLINIC v. Rubio requires the government to return to individualized adjudication under U.S. immigration law, though it does not eliminate existing travel restrictions or guarantee visa issuance.

United StatesImmigration

Akalan Law Firm

DHS Seeks To Roll Back Grace Period For H-1B, Other Employment-Based Nonimmigrants Following Employment Termination

On Sept. 11, 2026, the Department of Homeland Security (DHS) published a proposed rule that would eliminate the discretionary 60-day grace period currently available to many employment-based nonimmigrants following the termination of their employment.

United StatesImmigration

Jackson Lewis P.C.

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.

United StatesImmigration

Duane Morris LLP

Department Of State Announces Compliance With Court Order Ending Diversity Visa Issuance Pause

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.

United StatesImmigration

Greenberg Traurig

October 2026 Visa And Travel Updates For Employers And Foreign National Employees

Applicants in these categories are instructed to set their social media profiles to “public” or “open.” Similar screening already applies to several categories, including F, J, H-1B and H-4 visa applicants.

United StatesImmigration

What You Need To Know About Form I-693 Medical Exam For U.S. Immigration

If you're applying for adjustment of status to become a permanent resident (green card holder) in the United States, you'll need to complete a medical examination as part of the process.

United StatesImmigration

Siri & Glimstad LLP

October 2026 Visa Bulletin Advances EB-5 Filing Date For Mainland China By 4 Years

The U.S. Department of State has released the October 2026 Visa Bulletin, marking the start of fiscal year 2027 with significant changes to employment-based immigrant visa categories. How will the advancement of priority dates, particularly the substantial four-year leap for mainland China-born EB-5 investors in the Dates for Filing chart, impact eligible applicants seeking adjustment of status benefits?

GlobalImmigration

Greenberg Traurig

DHS Proposes New $103,265 H-1B Fee For Cap-Subject Petitions

On August 25, 2026, the Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register that would impose a new $103,265 H-1B fee on every H-1B cap-subject petition.

United StatesImmigration

Klasko Immigration Law Partners