USCIS to Add Special Agents With Law Enforcement Authorities

On Sept. 4, 2025, the U.S. Department of Homeland Security (DHS) announced a final rule amending its regulations to codify certain law enforcement authorities delegated by the Secretary of DHS to the U.S. Citizenship and Immigration Services (USCIS). The delegated authorities allow particular USCIS personnel to investigate and enforce civil and criminal violations of the immigration laws within the USCIS’ jurisdiction. These authorities include issuing and executing warrants, arresting individuals and carrying firearms. The final rule is scheduled to be published in the Federal Register on Sept. 5, 2025, and will take effect 30 days after the date of publication.

Background

The Homeland Security Act of 2002 dissolved the former Immigration and Naturalization Service, creating the DHS and splitting immigration functions among USCIS (benefits and adjudications), the Bureau of Customs and Border Protection (CBP) (border enforcement), and the Bureau of Immigration and Customs Enforcement (ICE) (interior enforcement). In 2004, USCIS created the Fraud Detection and National Security Directorate (FDNS) to combat immigration benefit fraud and address national security threats. FDNS officers could investigate and refer cases but lacked full statutory arrest, search and seizure powers. As a result, enforcement actions typically required coordination with ICE Homeland Security Investigations or CBP, which could delay responses. On Jan. 29, 2025, Executive Order (EO) 14159 directed DHS to maximize enforcement resources to address unlawful immigration and related criminal activity. In response to EO 14159, DHS has determined that USCIS will assume a more engaged and proactive role in the enforcement of immigration laws, including the authority to conduct additional law enforcement activities.

Key Highlights

The final rule provides USCIS with broader enforcement powers, enabling direct action on cases uncovered during benefit adjudications without deferring to ICE. Through this delegation of authorities, USCIS has the authority to order expedited removal and investigate civil and criminal violations of the immigration laws within USCIS’ jurisdiction. USCIS may now designate trained personnel to investigate civil and criminal immigration law violations within USCIS jurisdiction, arrest individuals, issue and execute warrants, carry firearms and use force and pursuit. USCIS plans to recruit and train special agents who will exercise the additional law enforcement authorities.

Employer Takeaway

The expanded USCIS enforcement authority could mean more direct scrutiny for employers during the immigration benefits process rather than through follow-up actions by ICE. This may lead to faster referrals for prosecution, increased worksite inspections and heightened compliance expectations, particularly for employers that sponsor foreign workers or rely on immigration-related filings.