Nonimmigrant Overstay Enforcement: What OIG Found

Introduction to the OIG Report on Overstay Enforcement

The U.S. Department of Homeland Security Office of Inspector General (DHS OIG) published report OIG-26-38 on September 29, 2026, examining how U.S. Immigration and Customs Enforcement (ICE) handled nonimmigrant overstay enforcement between fiscal years 2021 and 2024. DHS OIG reported that ICE took limited action on the leads it received. This included leads rated as the highest risk to national security or public safety. For visa holders, employers, schools, and families, the report offers a detailed look at how ICE sorts, prioritizes, and pursues nonimmigrant overstay enforcement. It also shows where that process fell short in OIG’s assessment.

Background on Overstays and Agency Roles

The government admits a nonimmigrant visa holder for a fixed period or for the duration of a specific activity, such as a course of study. DHS OIG explained that a person who remains beyond that period becomes an “overstay.” This applies if the person has not filed for an extension or change of status. ICE also treats certain status violations, such as unauthorized work or leaving school, as deportable overstays. Under the Immigration and Nationality Act, a nonimmigrant who fails to maintain status is deportable.

The report describes divided roles. At the front end, the U.S. Department of State issues visas. U.S. Citizenship and Immigration Services (USCIS) decides extension and change-of-status requests. U.S. Customs and Border Protection (CBP) records admissions and tracks suspected overstays. ICE identifies and prioritizes overstays and may arrest, detain, or remove them. CBP sends ICE daily lists of suspected in-country overstays. ICE’s Homeland Security Investigations (HSI) Counter Threat Lead Development Unit vets each lead and rates it from Priority 1 (highest risk) to Non-Priority 10. Priority leads go to HSI field offices. Non-Priority leads go to Enforcement and Removal Operations (ERO) for monitoring and possible action.

OIG conducted the audit between August 2024 and June 2026. It reviewed laws, policies, and prior reports, interviewed ICE officials, and analyzed ICE lead data. It reported that the data was sufficiently reliable for its purposes and that ICE provided timely access to information. OIG also noted that three government shutdowns in fiscal year 2026 significantly delayed publication.

What DHS OIG Found About Nonimmigrant Overstay Enforcement

DHS OIG reported that ICE received 3,145,375 nonimmigrant overstay leads during the four fiscal years. ICE rated 104,049 of them (3.3 percent) as Priority 1 through 9, and treated the rest as Non-Priority. ICE deemed 21,885 leads viable for investigation, and those produced 496 investigations and eight arrests. OIG largely attributed the sharp drop in viable leads after fiscal year 2021 to a September 2021 DHS enforcement priorities memorandum. It focused resources on national security, public safety, and border security threats. The report notes that a January 2025 executive order canceled that memorandum.

Among Priority 1 leads, HSI identified 1,769 and opened 84 investigations, which led to two arrests. ERO received 2,837,188 Non-Priority leads, investigated five it deemed public safety threats, and made two arrests. OIG also reported that HSI made 263 arrests from leads initiated in prior years. It made 183 arrests through investigations unrelated to overstay leads. ERO arrested 16,458 people later identified as overstays. These arrests came through regular enforcement operations, such as worksite actions, rather than through overstay leads.

OIG pointed to two obstacles: inaccurate address information and limited resources. Addresses supplied by CBP were often temporary locations such as hotels. At the end of fiscal year 2024 HSI could not refer leads for 194 of 205 Priority 1 individuals. This was partly because of insufficient address data. ICE officials also told OIG they could not quantify the resources needed. They did not track resources spent on overstay leads.

OIG made one recommendation. ICE should develop and implement a plan to increase investigations and enforcement actions against Priority 1 overstays. ICE concurred. It said HSI would develop a plan prioritizing criminal investigations of overstays tied to national security, fraud, smuggling, worksite enforcement, human trafficking, and similar matters. The estimated completion date of September 30, 2027. ICE also said its timing and scope limited the audit’s usefulness. It added that its current priorities align with current administration policy. OIG considers the recommendation open and resolved.

Who Has a Stake in These Findings

The report primarily concerns ICE’s internal lead-handling and enforcement practices. Its most direct audience is ICE, DHS leadership, and Congress. It does not create or change any rule governing visa holders.

Foreign nationals in nonimmigrant status, along with the employers, universities, and families connected to them, have an indirect interest. The report shows how ICE treats overstay data. It also shows how status changes, extensions, and departures affect whether a lead stays viable. Employers that sponsor temporary workers, such as H-2B workers, have an interest in how agencies track status violations. So do schools with international students. Attorneys who advise on status maintenance and removal defense also follow this kind of oversight. The report does not change anyone’s legal rights or obligations.

Practical Implications of Nonimmigrant Overstay Enforcement

The report shows that overstay status is a matter of record. According to OIG, ICE’s vetting considers whether a person extended or changed status, departed, or has a current address on file. Timely, well-documented filings and accurate address records therefore matter. Readers should understand that a pending or approved extension or change of status is a distinct legal posture from an overstay. The report itself recognizes this distinction.

The report also shows that enforcement activity can arise outside the lead system. Many overstay arrests, according to OIG, came from investigations or operations aimed at other conduct. Employers should note that the report identified worksite operations as one such source. This makes employment authorization documentation a continuing compliance concern.

Several questions remain open. The report covers only fiscal years 2021 through 2024 and excludes detention and removal. ICE has said its current enforcement approach differs, and the report does not measure how practice has changed since 2024. It also does not say how ICE’s planned corrective action will operate. These findings describe past agency performance and do not bear on the outcome of any individual’s case.

What to Watch For Next

ICE estimates it will complete its plan by September 30, 2027. OIG will keep the recommendation open until it receives evidence that ICE has developed and implemented the plan. Stakeholders should monitor further updates, including any changes to how HSI and ERO divide responsibility for overstay matters. They should also watch for congressional attention, given that OIG distributed the report to oversight and appropriations committees. The report also notes that a 2025 law allocated almost $30 billion for DHS. The money is meant to bolster ICE immigration operations, including overstay enforcement. Resourcing developments are therefore worth following.

How Immigration Professional Association Can Help

Immigration Professional Association is a California immigration law firm that works with individuals, families, employers, and institutions on questions central to this report. These include maintaining nonimmigrant status, filing extension and change-of-status requests, and addressing status problems with care and documentation. Our work includes advising clients on matters involving ICE and CBP. We also help employers build sound employment authorization and compliance practices for temporary workers.

If you hold a nonimmigrant visa, sponsor temporary workers, or administer a program for international students, an accurate picture of your status and records is the best preparation. Contact Immigration Professional Association to discuss nonimmigrant status maintenance, overstay-related questions, and employer compliance. Every situation is different, and we will review your facts without promising any particular result.