Federal agents identifying themselves as Homeland Security Investigations — HSI — do not knock on doors over paperwork. When HSI is involved, someone at the government believes a federal crime may have occurred, and you or your business may be a target.
That is a very different situation from a removal or deportation matter. HSI is the criminal investigative arm of ICE, and the cases it builds are prosecuted as federal felonies by Assistant U.S. Attorneys.
The choices you make in the first hours — whether you talk, what you sign, what you hand over — can shape the entire case. If HSI has contacted you, speak with our federal immigration defense team before you say anything further.
What HSI is — and how it differs from ICE removal (ERO)
People hear “ICE” and think deportation. That is only half the agency, and it matters which half is looking at you.
- HSI (Homeland Security Investigations): The criminal investigative arm of ICE, inside the Department of Homeland Security. HSI special agents build criminal cases — smuggling, trafficking, money laundering, fraud, and more — that get referred to federal prosecutors.
- ERO (Enforcement and Removal Operations): The civil side of ICE. ERO handles immigration detention and removal (deportation) through the immigration courts, not the federal criminal courts.
The distinction controls what’s at stake. An ERO matter is civil removal. An HSI matter is a criminal prosecution that can carry federal prison time, and a criminal conviction can also trigger immigration consequences on top of the sentence.
When HSI is the agency in front of you, treat it as a criminal case from the first minute.If you are unsure which side of ICE is involved, our federal immigration defense team can help you understand whether you are facing a civil removal issue, a criminal investigation, or both.
The HSI investigations we defend
HSI has one of the broadest jurisdictions of any federal agency. Its cases often overlap with the DEA, FBI, IRS, and ATF, which is why HSI matters can grow quickly. We defend the full range, including:
- Human smuggling and trafficking: Bringing or moving people across the border, or forced-labor and sex-trafficking allegations — often charged under 8 U.S.C. § 1324 (harboring/transporting/smuggling) alongside other federal counts.
- Drug smuggling and importation: Cross-border narcotics cases under 21 U.S.C. §§ 952 & 960 (import/export) and 21 U.S.C. § 841 (distribution), where drug quantity drives mandatory minimums.
- Money laundering and financial crimes: Moving or hiding proceeds of unlawful activity, structuring, and bulk-cash smuggling — frequently paired with wire fraud (18 U.S.C. § 1343).
- Export and customs violations: Illegally exporting controlled goods or technology, undervaluing imports, and trade-based schemes.
- Immigration document and identity fraud: Fraud or misuse of immigration documents under 18 U.S.C. § 1546 and identity-document offenses under 18 U.S.C. § 1028.
- Child exploitation and cybercrime: Online exploitation, dark-web, and computer-intrusion cases within HSI’s Cyber Crimes Center.
Many of these charges are also stacked with conspiracy counts and, in the drug context, 21 U.S.C. § 846. If your matter crosses into any of these areas, our federal immigration defense and federal criminal defense teams handle the overlap.
What you’re facing when HSI opens a criminal case
HSI cases are federal cases, and federal exposure is severe. Convictions can carry years in federal prison, and there is no parole in the federal system.
The consequences reach past any sentence:
- Mandatory minimums: In smuggling and drug importation cases, the amount involved can trigger fixed prison terms a judge cannot go below, absent a narrow exception.
- The Sentencing Guidelines: Federal sentences are calculated, not guessed. Loss amounts, drug weight, role, and prior history all feed the math — which is why how the sentence is calculated matters as much as guilt or innocence.
- Asset forfeiture: The government routinely moves to seize money, vehicles, and property it links to the alleged offense.
- Immigration consequences: For non-citizens, a conviction can mean removal or a permanent bar to reentry. If the case involves returning after a prior removal, our illegal reentry defense page explains how 8 U.S.C. § 1326 cases work and why the prior removal order, criminal history, and sentencing math matter.
You don’t just plead — you litigate the math. The exposure is set long before sentencing day, and it can be shaped by the work done early.
What to do when HSI agents make contact
HSI agents are trained interviewers. A “quick conversation to clear things up” is rarely quick and rarely clears anything up.
Federal agents also do not operate like local police.
Civil immigration enforcement can run on different authority than a criminal investigation, and agents sometimes act on an administrative warrant issued by ICE rather than a judicial warrant signed by a judge.
That difference matters at your door. An administrative warrant generally does not authorize agents to enter your home without your consent — you can ask to see a judicial warrant signed by a judge before letting anyone in.
The single most important thing to know: lying to a federal agent is its own crime. Under 18 U.S.C. § 1001, a false or misleading statement to HSI can be charged as a separate felony — even if you were never guilty of what they came to ask about.
If agents contact you, at your home, your business, or by phone:
- Stay calm and polite, but do not answer questions. You keep the right to remain silent and the right to speak with a lawyer before saying anything.
- Ask to see a judicial warrant before allowing entry to your home, and do not consent to a search of your phone, car, home, or files without speaking to counsel first.
- Do not hand over, delete, or alter any documents or devices. Destroying records can add obstruction charges under 18 U.S.C. §§ 1512 & 1519 — and obstruction is often easier to prove than the conduct agents came to ask about.
- Get names and agency information, then say your lawyer will follow up. Never rely on an agent’s informal assurance that you are “just a witness.”
- Call a federal defense lawyer immediately — before the “clarifying” call, not after. Let counsel make first contact for you.
Silence is not an admission of guilt. It is your right. Our what to do when federal agents want to talk guide walks through this in more detail, and you can reach out to our team the moment contact happens.
Subpoena, target letter, or search warrant — what each one means
How the government first reaches you tells you a lot about where you stand. Each of these calls for a different, careful response.
- Grand jury subpoena: A demand for documents or testimony. It does not mean you are charged, but it does mean a grand jury investigation is underway. How and what you produce can help or badly hurt you.
- Target letter: A letter, usually from the U.S. Attorney’s Office, stating you are a target of a grand jury investigation — the government believes you are likely to be charged. This is a serious signal and a critical moment to have counsel.
- Search warrant: Agents arrive to seize property or data. You generally cannot stop the search, but you can decline to answer questions and call your lawyer right away.
A subpoena can also name you as a witness or subject rather than a target — and those roles can shift as an investigation develops. Do not assume you are safe because you were “just asked for records.” These cases don’t move fast on the surface, but underneath they’re moving the entire time — by the time it feels real, it’s usually much further along than you think.
If you have received any of these, contact our firm before the response deadline.
How we defend HSI and ICE investigations
The best HSI defense often happens before charges are ever filed. Getting ahead of the government, rather than reacting to it, is the whole point of early defense work. Once the government gets there first, you’re reacting instead of deciding.
Two early mistakes cost people the most. The first is trying to “clean up” records — deleting emails or documents doesn’t fix the problem, it creates a new one. The second is putting your head in the sand while the government quietly builds its case, so your options shrink before you ever react.
Our approach depends on the facts, but typically includes:
- Investigation-stage intervention: We contact the agents and the AUSA, control the flow of information, and where possible make the case for declination — no charges — before an indictment.
- Handling subpoenas the right way: We assess what must be produced, protect privileged material, and shield you from the § 1001 and obstruction traps.
- Attacking how the evidence was gathered: Unlawful stops, searches, and seizures at the border and inland can support suppression motions that remove evidence from the case.
- Challenging the government’s math: We scrutinize drug weight, loss amount, forfeiture claims, and Guidelines calculations, because inflated numbers drive inflated sentences.
- Negotiation from strength: When resolution is right, we negotiate on charges, cooperation, and sentencing exposure — including safety-valve relief under 18 U.S.C. § 3553(f) where it applies.
- Trial when the case demands it: When the government overreaches, we are prepared to take the case to a federal jury.
Because our team includes a former federal prosecutor, we know how HSI agents and AUSAs build and value these cases — and where they are weak. To put that experience to work, schedule a confidential consultation.
Why choose Keith & Lorfing
HSI cases are federal cases, and federal court is its own world. You want a team that has lived on both sides of it.
- A former federal prosecutor leads the team. Russell Lorfing is a former Assistant U.S. Attorney who ran a federal human trafficking task force on Saipan — directly relevant to HSI’s core work. In 2024 he was selected Co-Chair of the Federal Criminal Defense Committee for the Texas Criminal Defense Lawyers Association and named a Super Lawyers honoree.
- Deep federal experience. Founding partner Trey Keith has spent 20+ years defending the accused, with many “Not Guilty” verdicts. Of counsel Hon. E. Scott Frost (Ret.) is a retired federal judge with 30+ years of federal courtroom experience.
- A team built for federal investigations. Our attorneys and investigators include former federal prosecutors, former federal defenders, and former FBI and IRS criminal investigators.
- Admitted where it counts. Russell Lorfing is admitted in the Northern, Western, and Southern Districts of Texas, the Fifth Circuit, and the U.S. Supreme Court. Federal law applies the same way nationwide, and we defend HSI cases across the country.
Past results do not guarantee the outcome of any future case. What we offer is judgment earned inside the federal system, applied to the facts of yours.
What to expect: from investigation to federal court
Knowing the path ahead makes it less frightening. HSI cases tend to follow a recognizable arc, even if the timing varies.
- Investigation: HSI gathers evidence — surveillance, records, subpoenas, interviews. This stage is often quiet on the surface, but the government is working the whole time — by the time it feels real to you, the case may be well ahead. It is also the best time for a lawyer to intervene.
- Grand jury: Prosecutors present evidence and may issue subpoenas or a target letter. A grand jury can return an indictment.
- Charging and arrest: Charges are filed in U.S. District Court, followed by an initial appearance and a fight over detention or bond.
- Pretrial litigation: Motions to suppress evidence, discovery, and challenges to the government’s case.
- Resolution: A negotiated plea or a trial — and, if there is a conviction, a sentencing hearing where the Guidelines math is litigated.
HSI cases are prosecuted by Assistant U.S. Attorneys. In border-heavy districts like the Southern District of Texas — from Houston to Laredo — HSI feeds a steady docket of smuggling, trafficking, and immigration cases. The earlier we are involved, the more options you tend to have.
Talk to an HSI investigation defense lawyer
If HSI or ICE has contacted you, the smartest move is also the simplest: get a federal defense lawyer involved before you say or sign anything else. What you do now can change what happens next.
Our team defends HSI and ICE criminal investigations nationwide, led by a former federal prosecutor who has built these cases from the inside. Contact Keith & Lorfing to schedule a confidential consultation and talk through your situation in confidence.
Frequently Asked Questions
Is an HSI investigation criminal or civil?
Criminal. HSI is the criminal investigative arm of ICE. Its cases are built for prosecution as federal crimes, unlike ERO removal matters, which are civil.
What’s the difference between HSI and ICE/ERO?
Both are parts of ICE. HSI investigates federal crimes such as smuggling, trafficking, and money laundering. ERO handles civil immigration detention and deportation through the immigration courts.
HSI agents came to my home or business — do I have to talk to them?
No. You can be polite, decline to answer questions, and say you want to speak with a lawyer first. You are not required to consent to a search or hand over documents on the spot.
Do HSI or ICE agents need a warrant to enter my home?
To enter your home without your consent, agents generally need a judicial warrant signed by a judge. An administrative warrant issued by ICE does not, by itself, authorize entry into your home. You can ask to see a judge-signed warrant before letting anyone in, and you keep the right to remain silent and to speak with a lawyer.
Can deleting records make things worse?
Yes. Deleting or altering documents can create a separate obstruction charge under 18 U.S.C. §§ 1512 & 1519 — often easier for the government to prove than the original conduct. Preserve everything and let your lawyer manage what gets produced.
I got an HSI subpoena. What should I do?
Call a federal defense lawyer before doing anything. A subpoena demands documents or testimony, and how you respond can protect you or expose you. Do not destroy or alter anything.
What does a target letter from the U.S. Attorney mean?
It means the government considers you a likely subject for charges in a grand jury investigation. It is a serious signal, and the right time to have counsel involved is immediately.
Can I be charged for lying to HSI agents even if I wasn’t the target?
Yes. Under 18 U.S.C. § 1001, a false or misleading statement to a federal agent is its own felony — separate from whatever they originally came to investigate. This is why many people are advised to stay silent until they have a lawyer.
Should I hire a lawyer if I haven’t been arrested or charged?
Often, yes — that is frequently the best time. Early involvement can shape the investigation and, in some cases, help avoid charges altogether.
Who prosecutes HSI cases?
Assistant U.S. Attorneys (AUSAs) prosecute HSI cases in U.S. District Court. A former AUSA on your side understands exactly how they build and value these cases.
