The Department of Homeland Security Investigation Process

Congress created the Department of Homeland Security (DHS) in 2002 following the September 11, 2001, attacks on the United States by combining several existing agencies into one. In 2025, it is one of the largest Federal agencies with the security of American land, systems, and people as its principal mission.

The Department of Homeland Security (DHS) is responsible for numerous initiatives that protect our nation. Their work to defend against terrorism, cyberattacks, natural disasters, and more happens across 10 major operational components, each consisting of offices, directorates, and divisions. 

Through dedicated efforts and collaboration with other law enforcement entities, DHS continually adapts its work to address the most recent threats. Read on to learn more about the DHS investigation process and what to do if you are under investigation.

What Does DHS Investigate?

Through several of its offices and divisions, DHS investigates many potential national security threats. While most people think of international or domestic terrorism first, DHS has investigators working to protect America and its people from a wide range of crimes that impact the overall security of our nation. 

The consequences can be quite serious when DHS determines, and a prosecution is successful, that a violation of the laws DHS works to enforce has occurred. 

What the Department of Homeland Security Investigates

Within the Department of Homeland Security (DHS) is a bureau called U.S. Immigration and Customs Enforcement (ICE), which houses a directorate called Homeland Security Investigations (HSI). 

HSI is the primary investigatory arm of the DHS and has more than 7,000 agents who work domestically and internationally to protect the Nation’s security interests through investigation of:

• Child exploitation
• Cultural Smuggling
• Cybercrimes
• Drug smuggling
• Financial crimes
• Gangs
• Human rights violations
• Human smuggling
• Human trafficking
• Identity and benefit fraud
• Intellectual property theft
• Terrorism
• War crimes
• Weapons trafficking

Each investigation is carefully coordinated with other law enforcement entities, and prosecutors are kept informed of findings.

What Do HSI Analysts Do?

HSI analysts typically begin their process by gathering intelligence, obtaining warrants, and making plans for collecting additional evidence and making arrests. Often, HSI coordinates with State and local law enforcement to prevent confusion and costly mistakes. 

Depending on the type of case, the amount of intelligence secured at the start, and other complex factors, these investigations can be relatively swift or drag on for years. Once a plan is set, HSI agents begin the work in the field. If they violate legal process, the evidence they collect may be inadmissible, or a court may find the arrests they made to be invalid. 

Some investigations extend beyond U.S. borders, and HSI agents must also adhere to international agreements and processes.

Steps To Take During an HSI Investigation 

If you are notified that you are under investigation by Homeland Security Investigations (HSI), it’s critical to take immediate and informed action to protect yourself and your business. Follow these steps carefully:

• Verify the investigator’s identity: Before providing any information, confirm that the person contacting you is a legitimate HSI agent. Do not disclose personal or business details until their credentials are verified.
• Understand your legal rights: Familiarize yourself with your rights, including the right to remain silent, the right to legal representation, and the requirement of a warrant for any search or seizure.
• Assess and document the situation: Once the investigator is verified, take time to assess what is happening. Begin documenting all actions taken in response to the investigation, including who you speak with and what was discussed.
• Preserve all potential evidence: Take immediate steps to secure and preserve all relevant documents, files, and communications. Avoid deleting or destroying anything that could be seen as evidence.
• Mitigate potential issues: Identify and address any internal issues that may have triggered the investigation. Document your mitigation efforts to demonstrate good-faith compliance.
• Decide who to inform: Inform key stakeholders or legal counsel as necessary to manage reputational risk and gain deeper insight into the potential causes of the investigation.
• Cooperate with the investigation: Be prepared to fully comply with lawful requests, respond to subpoenas or legal filings promptly, and engage in open communication through your legal counsel.

An HSI investigation can have serious implications, but responding with care, legal guidance, and strategic action can significantly reduce risk.

Contact an Attorney for Help

The Department of Homeland Security plays a vital role in protecting the United States from a wide array of threats, ranging from terrorism and cyberattacks to smuggling and human trafficking. If you find yourself the subject of an HSI investigation, it’s essential to act swiftly and strategically.

Barton & Associates Attorneys at Law, PLLC, can help if you find yourself under investigation by the Department of Homeland Security. Reach out today to speak with our criminal defense lawyers. 

For more information, please contact our San Antonio criminal defense law firm at our Texas offices.

Barton & Associates Attorneys at Law, PLLC San Antonio

115 Camaron St,
San Antonio, TX 78205
(210) 500 0000

Barton & Associates Attorneys at Law, PLLC Corpus Christi

5110 Wilkinson Dr Suite 210,
Corpus Christi, TX 78415
(361) 8006 780