Corporate Law / 1 min read
As part of the Trump Administration's aggressive push to increase immigration enforcement, Texas employers are bracing for the effects of two new federal actions. A new Department of Homeland Security ("DHS") rule and a recent Supreme Court decision will significantly expand the government's enforcement powers. Together, these changes are set to create new challenges and uncertainty for workplaces across the country.
DHS Rule
The Department of Homeland Security issued a new rule effective October 6, 2025, expanding immigration enforcement authority to U.S. Citizenship and Immigration Services ("USCIS"). Previously, only Immigration and Customs Enforcement ("ICE") and Customs and Border Protection ("CBP") had the power to investigate, arrest, and enforce immigration violations. Now, newly created USCIS special agents will have the authority to investigate immigration violations, execute search and arrest warrants, carry firearms, and order expedited removal. This change allows USCIS to handle cases from start to finish, rather than referring them to ICE for enforcement.
Supreme Court Decision
In another significant move, the U.S. Supreme Court on September 8, 2025, lifted a lower-court injunction that stopped ICE's ability to conduct certain stops in the Los Angeles area. The lower court found that ICE could not justify stopping individuals for questioning based solely on factors such as ethnicity, language, location, or type of work. The Supreme Court lifted the injunction and allowed ICE to resume these operations while litigation continues. The Supreme Court emphasized that ethnicity alone cannot be the reason for a stop, but officers may use "common sense" and consider ethnicity, language, and other factors together when deciding whether there is reasonable suspicion to question someone about their immigration status.
How do these changes impact Texas employers? While Texas has not experienced the large-scale operations seen in other states such as California and Illinois, the expansion of federal enforcement authority and recent court decisions are likely to increase anxiety and uncertainty among employees—especially within Texas's sizable Hispanic workforce. The federal government is ramping up immigration enforcement rather than slowing down. Employers should take proactive steps to protect their business: conduct Form I-9 audits, train management, establish protocols for federal immigration enforcement visits, communicate clearly with workers, and review subcontractor agreements for immigration compliance. Contact the employment team at Andrews Myers for guidance on navigating these developments and protecting your business.