USCIS Enforcement Expansion Raises Fears for Burmese Immigrants and TPS Holders
By Taang Sianpu, Senior Correspondent
On September 4, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a final rule that significantly expands its law-enforcement authorities. Beginning October 4, 2025, USCIS may hire armed 1811-classified special agents empowered to investigate immigration violations, make arrests, carry firearms, execute search and arrest warrants, and prosecute immigration-related offenses. Authorized by the Department of Homeland Security (DHS), this shift lets USCIS conduct more enforcement work independently, reducing reliance on U.S. Immigration and Customs Enforcement (ICE).
For Burmese (Myanmar) immigrants—including Zomi and other ethnic communities—many of whom depend on Temporary Protected Status (TPS), the change promises operational “efficiency” but also brings heightened scrutiny and real risks.
What the New Rule Does
The rule transforms USCIS from a benefits-only agency into one with direct enforcement capacity. Special agents will be able to:
- Investigate suspected fraud or misuse in visa, asylum, and other benefit applications
- Make arrests and carry firearms
- Execute search and arrest warrants
- Pursue prosecutions and oversee certain expedited removals
USCIS leadership has described the change as a “historic moment” to strengthen system integrity and national security, arguing that end-to-end investigations at USCIS may reduce backlogs while ICE focuses on transnational crime.
TPS for Myanmar: A Lifeline That Must Be Protected
What TPS is: A humanitarian protection allowing nationals of designated countries to stay in the U.S. when return is unsafe due to armed conflict, natural disasters, or other extraordinary conditions.
Myanmar TPS status
- Designation history: First designated May 25, 2021 (after the February 1, 2021, coup); extended and redesignated multiple times.
- Current validity: Through November 25, 2025.
Key TPS details (most recent designation/redesignation)
- Eligibility: Burmese nationals (or stateless people last habitually resident in Myanmar) who have
- Continuously resided in the U.S. since March 21, 2024
- Continuously been physically present since May 26, 2024
- Registration windows:
- Re-registration: March 25–May 24, 2024 (to keep TPS through Nov 25, 2025)
- Initial filings: March 25, 2024–November 25, 2025
- Employment Authorization (EAD): Work permits generally valid through Nov 25, 2025; certain earlier EADs were auto-extended to May 25, 2025.
- Fees (as of July 22, 2025):
- TPS application: $500 (no fee waiver) + $30 biometrics (biometrics may be waived)
- EAD: up to $1,070 (mail) / $1,020 (online) for new filings; renewals typically lower
- How to apply: File Form I-821 (TPS) and, if desired, Form I-765 (EAD) online or by mail; fee waivers may be requested using Form I-912. If denied, refilling with the applicable fees is generally required by the deadline or within 45 days of denial.
- Scale of impact: ≈ 2,300 current holders; ≈ 7,300 potentially eligible under the 2024 redesignation.
Advocacy Update: 150+ Organizations Call for Extension & Redesignation
On June 20, 2025, more than 150 human-rights, faith, and civil-society organizations urged the Administration to:
- Extend TPS for Burma by 18 months
- Redesignate TPS to include more recent arrivals
- Provide a 180-day registration period for both extension and redesignation
- Issue a timely Federal Register notice to prevent EAD disruptions and job loss
Why the call is urgent:
- March 2025 earthquake (7.7-magnitude): Thousands killed and injured; severe infrastructure damage; relief complicated by ongoing conflict and access restrictions
- Civil war & mass displacement: Millions uprooted since the 2021 coup
- Ethnic & religious persecution: Continued targeting of Rohingya, Christians, and other minorities
- Conscription law (2024): Forced military service with criminal penalties for refusal
Although analysts estimate 1,000–3,000 additional people might newly qualify under redesignation, the humanitarian impact would be life-saving for families and stabilizing for communities.
Implications for Burmese (Zomi & Wider Myanmar) Communities and beyond
Potential Benefits
- Faster fraud detection: Could shorten timelines for legitimate applicants
- Improved security coordination: Targeting serious criminal networks through interagency efforts
- Operational efficiency: ICE may focus on broader transnational crimes while USCIS handles benefit-related investigations
Serious Risks
- Chilling effect: The presence of armed USCIS officers may deter eligible families from seeking protection.
- Stricter scrutiny: Minor inconsistencies, translation errors, or trauma-related memory gaps risk being treated as fraud.
- Security mislabeling: Family or community ties to pro-democracy groups may be misinterpreted as threats, risking denials and removals.
- Family separation & unsafe returns: TPS denials could expose people to conflict, persecution, or disaster.
Scenarios
- Marriage-based case: USCIS suspects a sham marriage, obtains a warrant, interviews neighbors, and arrests if fraud is shown. This can deter scams—but genuine couples with imperfect paperwork may face delays or suspicion.
- Asylum interview: A survivor of violence struggles with consistent recall because of trauma. Under stricter enforcement, discrepancies may be read as deception, risking denial and removal.
- TPS renewal with political ties: A Burmese worker’s relatives are linked to resistance groups. USCIS flags this as a security concern and denies renewal, risking family separation and return to danger.
- Smuggling network: USCIS uncovers a ring using fraudulent petitions and dismantles it; innocent applicants with tangential connections may be swept into investigations without strong legal support.
Community Guidance from ZPCC
- Seek legal representation: Consult a qualified immigration attorney before submitting or re-filing applications.
- Be meticulous with evidence: Keep identity, entry, and address histories; proof of continuous residence/physical presence; translations; affidavits; and supporting documents organized, consistent, and up-to-date.
- Document trauma accurately: If inconsistencies arise from trauma, obtain clinician letters or expert declarations where appropriate.
- Track deadlines: Monitor USCIS notices, TPS windows, and EAD expirations; set reminders and save receipt notices.
- Engage in advocacy: Support calls for TPS extension & redesignation; share verified guidance through trusted community channels.
- Report problems: If you experience intimidation, profiling, or unfair treatment, alert community organizations and legal-aid providers immediately.
Bottom Line
USCIS’s expanded enforcement powers mark a tougher immigration landscape. While officials promise integrity and efficiency, the stakes for Burmese immigrants are immediate and high: denials, removals, and family separations. Protecting TPS for Myanmar—through extension and redesignation—is essential to prevent return to danger. The ZPCC Department of Public Relations urges all affected families to remain vigilant, legally prepared, and united.
Sources:
- USCIS Announcement: https://www.uscis.gov/newsroom/news-releases/uscis-to-add-special-agents-with-new-law-enforcement-authorities
- DHS News Release: https://www.dhs.gov/news/2025/09/04/new-era-dawns-uscis-special-agents-now-meet-authority-support-immigration
- Fragomen Insights: https://www.fragomen.com/insights/united-states-uscis-issues-final-rule-adding-special-agents-with-new-law-enforcement-authority.html
- Federal Register Document: https://public-inspection.federalregister.gov/2025-16978.pdf
- Bloomberg Law: https://news.bloomberglaw.com/daily-labor-report/us-immigration-benefits-agency-to-add-armed-law-enforcement
- Yahoo News: https://www.yahoo.com/news/articles/uscis-administers-immigration-system-adds-151504491.html
- USCIS TPS for Myanmar: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-burma-myanmar
- Refugees International Letter: https://www.refugeesinternational.org/advocacy-letters/150-organizations-call-for-18-month-extension-and-redesignation-of-temporary-protected-status-for-burma-myanmar/
- Federal Register TPS Notice: https://www.federalregister.gov/documents/2024/03/25/2024-06104/extension-and-redesignation-of-burma-myanmar-for-temporary-protected-status
- ASAP Together TPS Updates: https://asaptogether.org/en/temporary-protected-status/
- DHS Archive on TPS: https://www.dhs.gov/archive/news/2024/03/22/secretary-mayorkas-announces-extension-and-redesignation-burma-myanmar-temporary
- Refugees.org Advocacy: https://refugees.org/amid-worsening-humanitarian-crisis-in-myanmar-advocates-call-for-extension-and-redesignation-of-tps/
