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On October 29th, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced that immigration enforcement actions have increased significantly over the last nearly two years. Specifically, the agency reports that it took enforcement actions to revoke or terminate the immigration status of about 2.2 million individuals. These actions have occurred since January 20th, 2025, the day President Donald J. Trump was sworn into office. Previously, back in July 2026, the USCIS issued updated temporary protection status guidance for multiple countries.
What Does U.S. Citizenship and Immigration Services (USCIS) Do?
The USCIS is an agency within the U.S. Department of Homeland Security (DHS) that oversees the nation's lawful immigration system. The agency processes immigration benefit applications, including requests for permanent residency, naturalization, employment authorization, and certain visas. Additionally, USCIS verifies eligibility for immigration benefits, conducts background and security checks, and works to prevent immigration fraud. The agency also administers employment eligibility verification programs, including E-Verify, to help employers confirm that newly hired employees are authorized to work in the United States.
What Specific Enforcement Actions Did the USCIS Report?
According to the USCIS, the identification and actions taken against 2.2 million individuals, considered to be “illegal aliens,” far surpass the enforcement activity recorded during past presidencies, both Republican and Democrat. To achieve this number, the agency recognized several key areas of increased enforcement. Namely, those enforcement actions are:
- Ending the misuse of Temporary Protected Status so that TPS is once again truly temporary;
- Denying applications to extend or change nonimmigrant status when no legal basis exists;
- Issuing Notices to Appear to place removable aliens into removal proceedings before an immigration judge;
- Ending the automatic extension of Employment Authorization Documents (see explanation below), guaranteeing every alien is properly screened and vetted before any work authorization is renewed; and
- Terminating categorical parole programs and returning parole to strict case-by-case review as Congress intended.
Furthermore, the USCIS reported that the actions listed above are separate from the millions of visa revocations and denials issued since January 2025.
Finally, the agency said it is “exercising its full legal authorities to deny meritless applications, terminate unlawfully granted immigration benefits, initiate removal proceedings, and revoke improper approvals—all while promoting accountability and preventing the misuse of public benefits.” Given the large number of enforcement actions since January 2025, the momentum does not appear to be slowing anytime soon.
What Are Employment Authorization Documents?
Employers are most likely affected by USCIS’s crackdown on illegal immigration because they must accept Employment Authorization Documents. An unexpired Employment Authorization Document (Form I-766) is one way employees may prove they are authorized to work in the United States for a specific time period. Form I-766 is included under List A in the USCIS’ Form I-9 List of Acceptable Documents. Applicants must file Employment Authorization Documents if they are:
- authorized to work in the U.S. because of immigration status or circumstances (for example, as an asylee or refugee) and need evidence of employment authorization; or
- required to apply for permission to work because they are applying to be a permanent resident, applying for asylum, or need permission from the USCIS as a nonimmigrant.
The USCIS provides temporary Employment Authorization Documents to certain nonimmigrants. These certain nonimmigrants are beneficiaries of approved employment-based immigrant visa petitions and their qualifying spouse and children. Certain nonimmigrants may also be in immigrant visa backlogs and face compelling circumstances. The USCIS determines, at its discretion, what compelling circumstances justify issuing employment authorization documents.
Employer Takeaways
In conclusion, as mentioned earlier, the inclusion of Employment Authorization Documents in the list of agency enforcement actions should be the one item that worries employers most. The sudden end to the automatic extension of these resources may mean businesses must closely review all Form I-9 documentation provided by non-resident workers. So far, USCIS has not released any information on changes to the Form I-9 process, but employers should watch for additional agency announcements.
To support employers, WorkWise Compliance now offers monthly and annual compliance plans to help businesses meet their legal obligations under workplace laws, including virtual consulting services on key labor law compliance topics. These services can help impacted businesses address current and proposed USCIS regulations on proper immigration and citizenship authorization practices, as well as other labor compliance topics.
