How Your Bank Account Could Become the New Frontline in America’s War on Immigrants

As attorneys for this community, we have watched this year unfold with growing alarm. The assault on immigrant rights has been methodical and deliberate. It began in January 2025 with the passage of the cynical and dangerous Laken Riley Act, a law that gave the government terrifying new powers to detain our clients indefinitely based on mere accusations. Day after day for months, we have been fighting numerous battles.

Now, as of October 28, the another blow has landed. USCIS has officially eliminated all traditional payment methods, forcing every family into a digital system that tracks their financial data. First, they built the legal machinery to detain people without due process. Now, they have given themselves a direct window into the very bank accounts that can be used to trigger those detentions. This isn’t about national security; it’s about control. It is a perfectly engineered one-two punch designed to disempower, bankrupt, and criminalize the people we serve every single day.

YOUR BANK ACCOUNT IS NOT SAFE - New USCIS Payment Rules + Asset Forfeiture = Immigrant Targeting

 

Step One: Digitize and Track Every Transaction

It started quietly, disguised as “modernization.” USCIS announced it would no longer accept checks or money orders, forcing everyone into electronic payments via credit card (Form G-1450) or direct bank debit (Form G-1650). On the surface, it’s about efficiency. But when you look closer, you see the creation of a massive, centralized database of immigrants’ financial information, all neatly accessible for government oversight.

They say it’s for processing fees. But in an era where “suspected fraud” is often used as a scapegoat term to target immigrants, how long will it be before this data becomes a weapon? When will this data be cross-referenced in “routine investigations” by law enforcement looking for any excuse to freeze suspect accounts or tie individuals to baseless accusations? This isn’t speculation. The infrastructure for overreach is being built right in front of us.

A Crucial Change for Nonprofits and the Clients We Serve

This shift away from paper payments has created a new and critical hurdle for the communities we represent. For years, the process was simple and secure. A client would arrive with a money order or certified check made out to “U.S. Department of Homeland Security.” This ensured that their personal banking information stayed out of the government’s data streams and remained safe.

That option is gone.

With USCIS now demanding direct financial access via credit card or U.S. bank accounts, many of our clients are left exposed. Some might not even have a U.S. bank account. Others are, justifiably, wary of sending private financial details to a government that has demonstrated hostility toward them time and again. Even simple payment rejections for reasons like insufficient funds or processing errors could result in applications being denied altogether.

This is why we strongly encourage all fees to be paid through a nonprofit’s trust account. When clients pay our nonprofit directly, we can use institutional accounts to securely process the payment to USCIS on our clients’ behalf. This critical shield offers protection against mishandled fees and ensures that personal financial details stay out of the hands of federal agencies unnecessarily. What was once a convenient option has now become an essential safeguard.

Step Two: Criminalize Accusation with the Laken Riley Act

If the digital payment mandate was the groundwork, the Laken Riley Act completes the machinery of overreach. Passed in early 2025 under claims of promoting “public safety,” this law represents one of the most egregious attacks on constitutional rights in modern history. It leverages the tragedy of isolated incidents as justification to impose punitive policies that target immigrants indiscriminately.

Here’s what this disastrous law does:

  • It mandates indefinite detention based purely on accusation. The Laken Riley Act forces detention with no chance of bond for undocumented individuals arrested or charged with theft-related offenses. Let that sink in. No conviction is needed, just an accusation. This means that a mother arrested for allegedly shoplifting baby formula could face prolonged detention, without a judge ever reviewing her case or allowing her to request release. This level of due process erosion is incompatible with a society governed by fairness.
  • It encourages endless legal battles. One of the Act’s most damaging provisions gives states the authority to sue the federal government over nearly any immigration-related policy. This provision completely removes the judicial requirement of standing, meaning that frivolous lawsuits can cripple agencies like the Department of Homeland Security. With resources tied up in endless battles, no meaningful reforms can ever be advanced.
  • It undermines normal justice systems. The Act mandates immigration detention and holds individuals indefinitely, even when criminal courts deem them safe to release on bail. Prosecutors may struggle to move forward with charges because detainees are often trapped in understaffed ICE detention centers, with no access to court dates or evidence.

This law is not about safety. It is about manufacturing traps that lead to indefinite surveillance and detention based not on facts, but presumptions.

Putting It Together: Surveillance Powers Meet Financial Overreach

To see how chilling the combination of electronic payments, surveillance, and the Laken Riley Act can be, imagine this scenario:

An immigrant shop owner is unfairly accused of theft during a dispute with a client. The client files a report, and based on that accusation, law enforcement arrests the shop owner.

  1. Laken Riley Act provisions trigger detention. The shop owner is immediately flagged for mandatory immigration detention without bond, regardless of pending case details or evidence.
  2. Government invokes civil asset forfeiture. On the basis of “suspicious activity,” law enforcement freezes their bank accounts. No conviction is required.
  3. Both individual and family are trapped. Detained indefinitely, the shop owner cannot access their accounts to pay legal fees or prove their innocence. Meanwhile, their family cannot access the frozen funds to pay for living expenses or process critical applications.

This new system merges financial and legal punishment into one seamless process. It entangles families in cycles of debt and detention where even the simplest accusations can destroy years of long-term planning.

Important Disclaimer: This article is intended for informational and educational purposes only. The content provided is not legal advice and should not be treated as such. Immigration law is complex and constantly changing, and every individual’s situation is unique. For guidance regarding your specific legal questions and circumstances, we strongly urge you to consult with a qualified immigration attorney.