HSI vs. ERO Powers, Which ICE Branch Is Knocking On Your Door? Two Branches of ICE and Their Different Enforcement Powers
ICE has two separate branches with vastly different missions and enforcement powers. HSI (Homeland Security Investigations) investigates transnational crimes like human trafficking, drug smuggling, and cybercrime, while ERO (Enforcement and Removal Operations) handles immigration enforcement including detention and deportation. Understanding which branch you’re dealing with is critical because they have different arrest authorities, jurisdictions, and legal limitations that directly affect your rights.
This matters right now because as of January 2026, ICE enforcement has dramatically expanded under current administration policies. The agency recruited 10,000 new agents, eliminated “protected area” policies at schools and churches, and deputized thousands of local police as immigration officers through 287(g) agreements. HSI agents have reported being pulled from criminal investigations to assist with immigration arrests, blurring the lines between the two divisions. If federal agents contact you, knowing whether you’re dealing with HSI or ERO determines what they can legally do and what rights you have.
Why ICE Has Two Separate Enforcement Branches
This affects you if you’re an immigrant wondering which ICE division contacted you, received a notice or visit from federal agents, or need to understand what powers each branch has over you and your family.
ICE—U.S. Immigration and Customs Enforcement—was created in 2003 after the September 11 attacks by merging parts of the former Immigration and Naturalization Service with U.S. Customs Service. The agency operates two independent law enforcement divisions under the Department of Homeland Security, each with completely separate missions, leadership, budgets, and personnel.
The split into HSI and ERO reflects dual enforcement goals: investigating serious transnational crimes while also enforcing immigration laws inside the United States. Both branches wear ICE badges, but they operate almost as separate agencies. Understanding this distinction matters because HSI agents have criminal investigative authority similar to the FBI, while ERO officers focus specifically on immigration violations and deportation.
What Is ICE and How Does It Work?
ICE is a federal law enforcement agency within the Department of Homeland Security with over 20,000 employees nationwide and in approximately 50 countries. The agency has three operational divisions: Homeland Security Investigations, Enforcement and Removal Operations, and the Office of the Principal Legal Advisor, which provides legal representation in immigration court.
Unlike U.S. Customs and Border Protection (CBP) which patrols borders and ports of entry, ICE operates in the interior of the United States. Neither HSI nor ERO patrol the border—that’s CBP’s job. ICE handles what happens after someone enters the country, whether that involves investigating criminal activity or enforcing immigration laws against people already inside the United States.
Why Two Divisions Instead of One?
The division reflects different enforcement priorities that don’t always align. HSI investigates crimes that threaten national security and public safety—drug trafficking, human smuggling, weapons trafficking, child exploitation, financial crimes, and terrorism. These investigations can take months or years and often don’t involve immigration violations at all.
ERO, by contrast, identifies and removes individuals unlawfully present in the United States. This includes arrests of people with final deportation orders, detention of individuals in immigration proceedings, and coordination with immigration courts. ERO’s mission is purely immigration enforcement, not criminal investigation.
The separation has become controversial. In 2018, senior HSI officials requested that their division split entirely from ICE because local law enforcement agencies refused to cooperate with HSI investigators due to negative associations with ERO’s immigration enforcement activities. That request was denied, but tension between the two divisions continues.
What HSI Does and What Powers It Has
HSI’s Criminal Investigative Mission
HSI stands for Homeland Security Investigations—the principal investigative arm of the Department of Homeland Security and the second-largest federal criminal investigative agency after the FBI. HSI has over 8,700 employees including special agents, analysts, and support staff in more than 237 domestic offices and 93 international offices.
HSI investigates transnational crime and threats to U.S. security. This includes human trafficking and smuggling, drug trafficking and narcotics smuggling, weapons trafficking and illegal firearms, child exploitation and child pornography, cybercrime and computer-based crimes, financial crimes including money laundering, trade fraud and intellectual property theft, export enforcement and counter-proliferation, terrorism-related investigations, gang investigations involving transnational criminal organizations, and visa fraud as part of larger criminal schemes.
HSI’s Enforcement Powers and Arrest Authority
HSI special agents are Series 1811 criminal investigators—the same federal law enforcement classification as FBI agents. They have full federal law enforcement authority to investigate violations of over 400 federal statutes, including general federal crimes under Title 18, immigration law under Title 8, customs law under Title 19, and the Controlled Substances Act under Title 21.
HSI agents can execute search warrants, make arrests with or without warrants based on probable cause, carry firearms and use force when legally justified, use undercover operations and confidential informants, obtain wiretaps and electronic surveillance, seize assets and currency connected to criminal activity, issue administrative subpoenas for records, and work with federal prosecutors to bring criminal charges and present cases to grand juries.
Critically, HSI can arrest anyone—regardless of immigration status—if there’s probable cause they committed a federal crime. This includes U.S. citizens. HSI arrests lead to federal criminal charges and prosecution in federal court, not immigration proceedings. However, if you’re not a U.S. citizen and HSI arrests you for a crime, a criminal conviction can later result in deportation even if HSI wasn’t initially investigating immigration violations.
What Types of Cases HSI Handles
In fiscal year 2020, HSI made 31,915 criminal arrests, rescued 1,012 child exploitation victims, and seized $1.8 billion in currency and assets from criminal organizations. HSI investigates major drug cartels, human trafficking rings, weapons smugglers, child pornography networks, cybercriminals, money laundering operations, counterfeit goods manufacturers, and international terrorism.
If you’re contacted by HSI, it’s likely because you’re suspected of involvement in transnational crime, not simply because of immigration status. HSI focuses on criminal organizations and serious federal crimes, not routine immigration violations.
What ERO Does and What Powers It Has
ERO’s Immigration Enforcement Mission
ERO stands for Enforcement and Removal Operations—the ICE division that enforces U.S. immigration laws within the country’s interior. When most people think of “ICE agents,” they’re thinking of ERO officers conducting workplace raids, home arrests, and deportations.
ERO identifies, arrests, detains, and removes individuals who violate immigration law. This includes people who entered without authorization, overstayed visas, or violated conditions of their immigration status. ERO manages ICE detention facilities, coordinates transportation of detainees, handles bond management and alternatives to detention programs, conducts enforcement operations to apprehend individuals with final removal orders, and works with immigration courts throughout the removal process.
ERO’s Enforcement Powers and Arrest Authority
ERO officers have authority to arrest individuals for civil immigration violations under Section 287 of the Immigration and Nationality Act. Under 8 U.S.C. § 1357, ERO can arrest without a warrant if they have “reason to believe” a person is in the U.S. in violation of immigration law and is likely to escape before a warrant can be obtained. Courts interpret this standard as equivalent to probable cause.
However, ERO’s authority is more limited than HSI’s in critical ways. ERO can arrest for immigration violations but generally cannot investigate or arrest for federal crimes—that’s HSI’s job. ERO can execute administrative warrants for immigration arrests, but these are NOT the same as judicial warrants signed by judges. ERO can detain individuals in immigration custody pending removal proceedings and conduct enforcement operations at homes, workplaces, or public places.
Critically, ERO generally cannot enter homes without consent or a judicial warrant signed by a judge. Administrative warrants issued by ICE officials do not authorize forced entry into private spaces. ERO can use reasonable force during arrests but cannot conduct criminal investigations, search for evidence of crimes, or execute criminal search warrants—those require HSI agents or other federal law enforcement.
What Types of Cases ERO Handles
ERO handles arrests of individuals with final orders of removal, detention of people in immigration proceedings, deportations and removals to over 150 countries, enforcement operations targeting undocumented individuals, custody management of immigration detainees, coordination with immigration courts for hearings, processing detainer requests from local law enforcement, alternatives to detention like ankle monitors, bond hearings and custody determinations, and voluntary departure cases.
As of January 2026, current administration policies dramatically expanded ERO’s enforcement priorities beyond serious criminals to include anyone unlawfully present in the United States. ERO operations have increased significantly, with thousands of arrests monthly.
Key Differences Between HSI and ERO That Affect You
Mission: HSI investigates transnational crimes; ERO enforces immigration laws.
Jurisdiction: HSI has broad criminal investigative authority across hundreds of federal statutes; ERO focuses specifically on immigration violations.
Arrest Authority: HSI arrests for federal crimes (criminal charges); ERO arrests for immigration violations (civil proceedings).
Court Proceedings: HSI cases go to federal criminal court with prosecutors and criminal trials; ERO cases go to immigration court with immigration judges and removal proceedings.
Detention: HSI uses federal criminal detention facilities; ERO uses immigration detention facilities.
Who They Target: HSI targets criminal organizations, smugglers, traffickers, and national security threats regardless of immigration status; ERO targets individuals unlawfully present in the U.S. for removal.
International Presence: HSI operates in approximately 50 countries worldwide; ERO operates primarily domestically with limited international coordination for deportations.
Outcomes: HSI seeks criminal convictions and prison sentences; ERO seeks deportation and removal from the country.
Warrant Types: HSI uses judicial warrants signed by judges that authorize home entry; ERO typically uses administrative warrants that do NOT authorize forced entry into homes.
What You Must Know: Common Misconceptions
Misconception 1: All ICE Agents Can Deport Me
FALSE. Only ERO handles deportations. HSI investigates crimes. If HSI arrests you, you’re facing federal criminal charges, not deportation proceedings (though immigration consequences may follow if convicted).
Misconception 2: An ICE Administrative Warrant Is the Same as a Judge’s Warrant
COMPLETELY FALSE. This is one of the most dangerous misconceptions. Administrative warrants are issued by ICE officials and do NOT authorize forced entry into your home. Only judicial warrants signed by judges authorize home entry. You can refuse entry if ICE only has an administrative warrant.
Misconception 3: I Have to Open My Door for ICE
FALSE. You generally don’t have to open your door unless agents have a judicial warrant signed by a judge. Ask them to slide the warrant under the door or hold it to a window. If it says “U.S. Department of Homeland Security” at the top, it’s administrative and doesn’t require you to open your door.
Misconception 4: HSI Only Investigates Immigration Crimes
FALSE. HSI investigates a vast range of transnational crimes including drug trafficking, human trafficking, weapons smuggling, cybercrime, child exploitation, and financial crimes. Most HSI investigations don’t involve immigration violations.
How to Identify Which ICE Branch You’re Dealing With
Check the agent’s credentials and badge—it should clearly state “HSI” or “ERO.” Ask directly: “Which division of ICE are you from?” Look at any documents provided—warrants, notices, or business cards should indicate the branch.
If agents are asking about criminal activity, trafficking, smuggling, or conducting a criminal investigation, it’s likely HSI. If agents are asking about immigration status, have a removal order, or mention deportation, it’s likely ERO.
The type of warrant matters tremendously. Criminal search warrants come from HSI; administrative immigration warrants come from ERO. HSI agents typically wear plain clothes or suits while ERO officers may wear tactical gear, though this isn’t always reliable.
Your Rights When Dealing With HSI
You have the right to remain silent and not answer questions without an attorney. You have the right to refuse consent to search your home, vehicle, or belongings unless agents have a warrant. If HSI has a criminal search warrant signed by a judge, they can enter and search the specified location.
You have the right to see the warrant and verify it’s signed by a judge with the correct address. You have the right to an attorney if arrested or questioned. Anything you say can be used against you in federal criminal court. Never lie to federal agents—false statements are a federal crime.
If you’re not a U.S. citizen, understand that a criminal conviction can lead to deportation even if HSI wasn’t initially investigating immigration.
Your Rights When Dealing With ERO
You have the right to remain silent and not answer questions about your immigration status. You have the right to refuse entry to your home unless ERO has a judicial warrant signed by a judge—administrative warrants are NOT sufficient for forced entry.
You can ask to see any warrant or documents and verify whether it’s judicial (signed by a judge) or administrative (signed by ICE officials). If it’s administrative, you can refuse entry by saying “I do not consent to your entry.”
You have the right to speak with an attorney before answering questions. If arrested, you have the right to a hearing before an immigration judge. You may be eligible for bond depending on your circumstances. You have the right to contact your consulate if you’re not a U.S. citizen.
Never provide false documents or lie about your identity—this can eliminate future immigration relief options. You have the right to apply for relief from removal if you qualify, such as asylum or cancellation of removal.
What to Do Next: Protecting Your Rights
Immediate Steps If HSI or ERO Contacts You
Stay calm and do not run or resist—this can lead to additional charges or safety risks. Ask to see the agent’s credentials and identify which ICE branch they represent. Ask what the purpose of their contact is.
If they ask to enter your home, ask “Do you have a warrant?” If they show you a warrant, ask to see it through a closed door or window. Check if it’s signed by a judge (judicial) or an ICE official (administrative). If they don’t have a judicial warrant, say “I do not consent to your entry.”
Do not open your door wide—speak through a closed door, window, or intercom if possible. Exercise your right to remain silent by saying “I am exercising my right to remain silent” and “I want to speak to an attorney.”
Do not answer questions about where you were born, your immigration status, or how you entered the country without an attorney present. Do not sign any documents without understanding them and consulting an attorney. Never provide false information or fake documents.
Write down or remember the agents’ names, badge numbers, and what they said. Contact an immigration attorney as soon as possible.
Finding Legal Help and Resources
Contact a reputable immigration attorney—avoid notarios or immigration consultants who are not licensed attorneys. Use the American Immigration Lawyers Association referral service at aila.org to find qualified attorneys in your area.
Call the Immigrant Legal Resource Center or National Immigration Law Center for resources and referrals. If detained, request a list of free legal service providers from the detention facility. Contact your consulate if you’re not a U.S. citizen.
Document everything about your encounters with ICE including dates, times, badge numbers, what was said, and any documents provided. File complaints about agent misconduct with the DHS Office of Civil Rights and Civil Liberties or DHS Office of Inspector General.
Having an attorney significantly increases your chances of success in immigration court. Be cautious of scams—ICE will never call demanding payment or threatening immediate arrest. Verify any communications claiming to be from ICE by contacting the agency directly through official channels.
Frequently Asked Questions
What is the main difference between HSI and ERO?
HSI is the criminal investigative division that investigates transnational crimes like trafficking, smuggling, and financial crimes, while ERO is the immigration enforcement division that arrests, detains, and deports individuals for immigration violations. HSI seeks criminal convictions; ERO seeks deportation.
Can HSI deport me?
No. HSI cannot deport anyone—that’s ERO’s function. HSI arrests lead to federal criminal charges in criminal court, not deportation proceedings. However, if you’re not a U.S. citizen and HSI arrests you for a crime, a criminal conviction can later result in deportation through separate immigration proceedings handled by ERO.
What does ERO actually do?
ERO identifies, arrests, detains, and removes individuals who violate U.S. immigration law. This includes managing detention facilities, coordinating with immigration courts, conducting enforcement operations to apprehend people with deportation orders, and physically removing individuals from the United States to their countries of origin.
Can ERO investigate crimes?
Generally no. ERO’s authority is limited to civil immigration enforcement. ERO officers cannot investigate federal crimes, execute criminal search warrants, or build criminal cases—that’s HSI’s job. However, ERO may work with HSI when criminal investigations reveal immigration violations.
Do I have to let ICE into my home?
Not unless they have a judicial warrant signed by a judge. Administrative warrants issued by ICE do NOT authorize forced entry into your home. You can refuse entry by saying “I do not consent to your entry” if they only have an administrative warrant. Ask to see any warrant through a closed door or window first.
How can I tell if ICE agents are from HSI or ERO?
Check their credentials and badge—it should clearly state the division. Ask directly which branch they represent. Look at the documents they provide. If they’re asking about crimes like trafficking or smuggling, it’s likely HSI. If they’re asking about immigration status or mention deportation, it’s likely ERO.
What should I do if HSI or ERO contacts me?
Stay calm, don’t run, and don’t physically resist. Ask to see credentials and identify which branch they’re from. Exercise your right to remain silent and ask for an attorney. Do not answer questions without legal representation. Do not open your door unless they have a judicial warrant signed by a judge. Document everything and contact an attorney immediately.
Last Updated: January 15, 2026 — We keep this current with the latest legal developments.
PRO TIP: Create a family emergency plan now, before ICE comes to your door. Designate someone to care for your children if you’re detained, keep copies of important documents in a safe place accessible to family, memorize the phone number of an immigration attorney, and carry a “know your rights” card stating you’re exercising your right to remain silent and want an attorney. Having a plan protects your family even in the worst-case scenario.
Disclaimer: This article provides general educational information about HSI and ERO enforcement powers and is not legal advice. Immigration law and ICE enforcement policies change frequently and vary based on individual circumstances, location, and current administration priorities. The information presented does not constitute legal representation, and AllAboutLawyer.com does not provide legal services. If you’re contacted by HSI or ERO, face immigration enforcement, or have questions about your specific situation, consult a qualified immigration attorney immediately for advice tailored to your case. Do not rely solely on this article when making legal decisions affecting your freedom or immigration status.
Take Action: Understanding your rights is the first step. Find a qualified immigration attorney through the American Immigration Lawyers Association or contact the Immigrant Legal Resource Center for resources and legal aid referrals in your area.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a legal writer with experience in immigration and migration law, covering topics like green cards, marriage-based visas, and asylum applications. Through All About Lawyer, she provides straightforward legal insights to help individuals and families navigate complex immigration processes with clarity and confidence.
Read more about Sarah