Washington, D.C. U.S. Citizenship and Immigration Services (USCIS), an agency within U.S. Department of Homeland Security (DHS), proposes a new rule which will expand its law enforcement authorities and newly-minted USCIS 1811 classified officers (commonly known as special agents) will be empowered to investigate, arrest, and present for prosecution those who violate America’s immigration laws under a final rule to be published tomorrow. The rule will be effective October 5th, 2025.
In the final rule, the DHS authorities provided to USCIS include making arrests, carrying firearms, executing search and arrest warrants, and other powers standard for federal law enforcement. This rule allows USCIS to implement DHS’ Secretary’s delegation of certain law enforcement authorities to the agency. This rule will expand USCIS’ authority not just in national security and fraud detection as part of immigration adjudications but also in law enforcement authorities broadly.
USCIS Director Joseph B. Edlow claims that the the rule will address immigration crimes and hold those that perpetrate immigration fraud accountable. Secretary of DHS delegated authorities to expand the agency’s law enforcement capabilities under this new rule. Through this delegation, the USCIS director will have the authority to order expedited removal and investigate civil and criminal violations of the immigration laws within the jurisdiction of USCIS.
With this new rule, USCIS will support DHS efforts by handling investigations from start to finish, instead of referring certain cases to Homeland Security Investigation within U.S. Immigration and Customs Enforcement (ICE). Government claims this will enable ICE Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO) to focus on disrupting transnational crime and capturing and deporting undocumented foreign citizens. Government claims USCIS will be able to more efficiently clear its backlogs of foreign citizens who seek to exploit immigration system through fraud.
USCIS plans to recruit and train special agents who will exercise the additional law enforcement authorities.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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