Starting October 6, 2025, U.S. Citizenship and Immigration Services (USCIS) will create a new force of “special agents” authorized to carry firearms, arrest individuals, and even use deadly force. This marks the first time since its creation in 2003 that USCIS — historically an adjudications agency — will have direct law enforcement powers. These expanded authorities are seen as a force multiplier for USCIS’s operational effectiveness, enabling the agency to address complex immigration fraud cases and support broader enforcement efforts. USCIS special agents will also coordinate with federal partners, including participation in the joint terrorism task force, to address national security threats.
The final rule, published today, marks a historic moment for USCIS and U.S. immigration enforcement, as it grants the agency expanded law enforcement authorities and transforms its role in national security efforts. The new law enforcement authorities and regulations were officially published in the Federal Register, making them the primary source for these legal changes. The USCIS Director played a key role in implementing these changes, with USCIS Director Joseph Edlow stating that the agency’s goal is to enhance immigration fraud detection and enforcement capabilities as part of broader DHS efforts. The expanded authorities will allow USCIS to hold individuals who perpetrate immigration fraud accountable through investigation and prosecution.
Critics warn it blurs legal boundaries, instills fear in immigrant communities, and undermines USCIS’s mission of processing immigration benefits.
Background: How USCIS Was Created to Stay Separate from Enforcement
After the September 11, 2001 terrorist attacks, Congress passed the Homeland Security Act of 2002, breaking up the former Immigration and Naturalization Service (INS). The functions were divided into three distinct agencies:
- USCIS → responsible for adjudicating immigration benefits (green cards, visas, naturalization).
- ICE (Immigration and Customs Enforcement) → charged with interior enforcement and deportations.
- CBP (Customs and Border Protection) → tasked with border security.
Congress was deliberate: USCIS was never meant to operate as an enforcement arm. USCIS was designed to focus solely on immigration adjudications, ensuring the integrity and proper functioning of the immigration system. In fact, the law forbids recombining the benefits and enforcement sides into one agency.
This separation has lasted more than two decades. Until now.
What the Trump Administration Announced
USCIS plans to implement new law enforcement initiatives, including the addition of special agents, as part of this regulatory change. The agency’s new law enforcement powers represent a significant policy shift, with USCIS to add special agents who will have expanded authority to support immigration enforcement and national security efforts, as well as public safety missions related to these new authorities.
On September 5, 2025, DHS Secretary Kristi Noem issued a rule, effective October 6, 2025, authorizing USCIS to:
- Establish a new class of “special agents.”
- Allow these agents to carry firearms and conduct arrests.
- Authorize them to use deadly force, when deemed necessary.
- Permit investigations of both immigration and non-immigration violations.
These expanded powers are intended to address immigration crimes more directly by enabling USCIS to investigate and prosecute violations of immigration laws.
This regulation follows a May 2025 delegation of authority, which had already given USCIS officers the power to issue expedited removal orders and assist ICE in enforcement operations.
What Powers Will USCIS Special Agents Have?
Under the final regulation, USCIS “special agents” may:
- Investigate: Civil and criminal violations of the Immigration and Nationality Act (INA), and are empowered to investigate civil and criminal cases, arrest, and present individuals for prosecution. USCIS special agents are now empowered to investigate civil and criminal cases related to immigration crimes, including immigration fraud and other illegal activities.
- Arrest: Any person suspected of immigration violations or federal crimes, with additional law enforcement authorities to execute warrants and arrest warrants. These powers extend to criminal cases involving immigration fraud and related offenses.
- Target facilitators: Those accused of transporting, harboring, or assisting undocumented immigrants, using certain law enforcement authorities.
- Serve warrants: Issue and execute search and arrest warrants, including the ability to execute search and executing search operations.
- Carry firearms: Including the authority for carrying firearms and to engage in high-risk pursuits, aligning with the powers standard of other federal law enforcement agencies.
- Use force: Up to and including lethal force, and exercise other powers traditionally reserved for federal law enforcement.
These agents now possess full law enforcement powers, aligning with the powers standard of other federal agencies, and are empowered to investigate, arrest, and present individuals for prosecution. USCIS special agents are now authorized to execute search and executing search operations, carry firearms, and exercise other powers traditionally reserved for federal law enforcement. These certain law enforcement authorities give USCIS greater capacity for handling investigations independently.
Why This Is a Radical Shift
The move reverses the original vision of Congress when DHS was created. Instead of focusing solely on adjudications, USCIS is being retooled into a hybrid enforcement agency. The expansion of law enforcement authorities is being justified as necessary for fulfilling public safety missions.
Critics argue this creates:
- Fear in immigrant communities, discouraging people from filing applications.
- Uncertainty for U.S. citizens and employers who sponsor family or workers.
- Mission drift, pulling USCIS staff away from timely processing.
- Legal conflicts, as Congress explicitly forbade blending enforcement and benefits.
USCIS vs. ICE and CBP: A Historical Comparison
| Agency | Core Mission | Authority | Funding Source |
|---|---|---|---|
| USCIS | Process applications (green cards, naturalization, visas) | Administrative adjudications only (until now) | User fees from applicants |
| ICE | Interior enforcement, detention, deportations | Arrests, detention, firearms, investigations | Congressional appropriations |
| CBP | Border security, ports of entry | Arrests, firearms, inspections | Congressional appropriations |
Adding enforcement powers to USCIS essentially collapses the firewall Congress built. These new authorities will require USCIS to work more closely with federal law enforcement partners such as ICE and CBP.
Attorney Richard Herman: USCIS “Special Agents” will now be able to arrest immigrants, carry guns, and use deadly force — powers previously reserved for ICE and CBP.
Unanswered Questions About the New Policy
- Jurisdiction Ambiguity
- The rule allows action “within the jurisdiction of USCIS,” which now includes expanded law enforcement powers under the new authorities.
- USCIS handles millions of applications annually, making the scope potentially vast.
- “Non-Immigration Violations”
- The regulation authorizes action on undefined non-immigration violations, raising concerns about overreach.
- Who Could Be Targeted?
- Not just applicants, but also:
- Lawyers
- Family sponsors
- Employers
- Anyone accused of “harboring”
- Community Enforcement
- Will USCIS conduct armed site visits or neighborhood sweeps?
- This could weaponize ordinary interviews and background checks.
- Funding Questions
- USCIS is fee-funded, not appropriated.
- Training, equipment, and law enforcement salaries are expensive.
- Could applicant filing fees rise to pay for armed agents?
- Training & Staffing
- Enforcement officers undergo months of training.
- USCIS staff lack this background.
- To fulfill these new enforcement roles, USCIS will need to recruit and train special agents with full law enforcement powers.
- How many agents will be hired? From within? From outside?
Graph: USCIS Caseload vs. Processing Times
Annual USCIS application volume compared to average processing times, highlighting historic backlogs and showing how enforcement duties may worsen delays. It remains to be seen whether these new responsibilities will help or hinder USCIS’s ability to efficiently clear its caseload and backlogs.
Legal Concerns: Is This Even Permissible?
- Congressional Intent: The Homeland Security Act and other federal laws specifically govern the separation of USCIS adjudication and enforcement functions.
- Delegation Workaround: By delegating authority internally, DHS may be sidestepping Congress.
- Litigation Risks:
- Defendants arrested by USCIS may challenge agent authority in court.
- Lawsuits could delay or block prosecutions.
Potential Impacts on Immigrants
- Fear of Filing: Applicants may avoid USCIS out of concern that their case could trigger enforcement, especially as they may face increased scrutiny under the new enforcement regime.
- Chilling Effect: Even U.S. citizens sponsoring relatives may hesitate to engage.
- Backlogs Worsen: Adjudicators pulled into enforcement mean longer waits.
- Community Distrust: USCIS’s reputation as a neutral adjudicator could collapse.
Potential Impacts on U.S. Employers
- Employers sponsoring H-1B workers, green cards, or investors for immigration benefit applications may now:
- Face greater scrutiny at site visits.
- Worry about armed raids tied to fraud investigations.
- Experience delays in worker authorizations, harming business operations.
Economic and National Security Risks
- Innovation Slowdown: If foreign talent avoids the U.S., industries suffer.
- Shadow Populations: More people may remain undocumented to avoid USCIS.
- Weakened Vetting: By focusing on arrests, adjudication backlogs may leave threats unreviewed.
Proponents argue that the new enforcement powers are intended to support DHS efforts in national security and immigration enforcement.
Historical Precedent: FDNS and Fraud Investigations
USCIS has long had a Fraud Detection and National Security (FDNS) unit. FDNS investigates suspected fraud and works with ICE or FBI when needed. Importantly:
- FDNS has never carried arrest powers.
- FDNS was deliberately limited to protect USCIS’s adjudicatory role.
With the new rule, USCIS’s responsibilities expand from merely investigating fraud to actively prosecuting immigration fraud cases. This shift means USCIS will now play a direct role in addressing immigration fraud, including the detection, investigation, and prosecution of fraudulent activities related to immigration benefits.
This new rule erases those limits.
Enforcement Expansion Timeline
- 2003 – USCIS created as benefits-only agency.
- 2004 – FDNS established to flag fraud, without arrest powers.
- 2018–2020 – USCIS begins increased cooperation with ICE.
- May 2025 – DHS delegation gives USCIS directors the authority to order expedited removal of individuals, expanding their enforcement powers.
- October 2025 – USCIS “special agents” authorized to arrest, carry guns, use deadly force.
Know Your Rights Guide: USCIS Special Agents and Immigration Enforcement
Why This Matters
For the first time in its history, U.S. Citizenship and Immigration Services (USCIS) will deploy armed “Special Agents” authorized to arrest individuals, conduct investigations, and even use deadly force. This fundamentally changes the way immigrants, their families, and employers interact with USCIS.
Understanding your rights is essential. This guide explains what you should know and do if you or someone you care about is impacted by this policy.
Your Rights When Interacting with USCIS Special Agents
1. You have the right to remain silent.
- You do not have to answer questions about your immigration status, place of birth, or how you entered the U.S.
- Anything you say can be used against you in immigration proceedings.
2. You have the right to refuse entry without a warrant.
- If USCIS agents come to your home, you do not have to let them in unless they show a warrant signed by a judge.
- Ask them to slip the warrant under the door or hold it up to a window before opening.
3. You have the right to an attorney.
- You can ask to speak with an immigration lawyer before answering questions or signing documents.
- Do not sign anything without consulting a lawyer, especially voluntary departure papers.
4. You have the right to stay calm and document the encounter.
- Do not run or resist.
- If safe, write down officers’ names, badge numbers, and any details of the encounter.
5. You have the right to contact your consulate.
- Foreign nationals can request contact with their home country’s consulate for assistance.
What to Do if Approached by USCIS Special Agents
- At Home: Do not open the door unless shown a valid judicial warrant.
- At Work: Employers should have a workplace enforcement plan. Ask agents for identification and a warrant.
- At USCIS Offices: If approached during an interview or appointment, you can request to speak with your attorney immediately.
- In Public: You are not required to answer questions about your immigration status. You may calmly ask if you are free to leave.
Special Concerns for Sponsors, Employers, and Lawyers
- Family Sponsors: Be aware that arrests may target sponsors accused of “harboring” immigrants.
- Employers: Ensure compliance with I-9 and workplace verification rules. Having counsel available is crucial.
- Attorneys: Recognize the risk that interactions with USCIS could now involve enforcement, not just adjudications. USCIS special agents may now present individuals for prosecution and are authorized to pursue prosecution those who violate immigration laws.
How to Prepare Now
- Carry a Know Your Rights card in case you are stopped.
- Create a safety plan with family and designate emergency contacts.
- Gather and copy important documents (birth certificates, marriage licenses, green card receipts).
- Consult an immigration lawyer before scheduled USCIS appointments.
Key Takeaway
USCIS’s new enforcement role fundamentally changes the risk landscape for immigrants, sponsors, and businesses. Knowing your rights is critical — but so is seeking professional legal advice.
Resources: Protecting Yourself
U.S. Government Agencies
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Immigration and Customs Enforcement (ICE)
- Customs and Border Protection (CBP)
- Department of Homeland Security (DHS)
- Executive Office for Immigration Review (EOIR)
Legal Rights and Guidance
- Know Your Rights – American Civil Liberties Union (ACLU)
- Immigrant Legal Resource Center – Know Your Rights
- National Immigration Law Center (NILC)
Emergency Support
Finding Legal Help
FAQs: USCIS Special Agents and the New Enforcement Powers
What are USCIS “Special Agents”?
USCIS “Special Agents” are a newly created class of officers within U.S. Citizenship and Immigration Services who have been authorized to carry firearms, make arrests, conduct investigations, and even use deadly force. This marks the first time in USCIS history that the agency will directly exercise law enforcement powers.
When will USCIS Special Agents begin operating?
The regulation authorizing USCIS to deploy armed agents takes effect on October 6, 2025. After this date, USCIS may begin assigning and training individuals for these roles.
Why is this new policy significant?
USCIS has always been a benefits-processing agency, not an enforcement agency. This shift blurs the line between adjudication and enforcement, undermining Congress’s original intent when USCIS was created in 2003 to stay separate from ICE and CBP.
What powers will USCIS Special Agents have?
They can:
- Carry and use firearms.
- Conduct arrests for civil and criminal immigration violations.
- Investigate both immigration and non-immigration violations.
- Execute and serve warrants.
- Engage in vehicle pursuits.
- Use force, including lethal force.
How is this different from ICE or CBP officers?
Functionally, there may be little difference. While ICE and CBP have traditionally been the enforcement arms of DHS, USCIS Special Agents will now hold similar arrest and weapons authority despite USCIS’s adjudicatory origins.
Can USCIS Special Agents arrest people during immigration interviews?
Yes. Under the new authority, USCIS can arrest individuals suspected of immigration fraud, removability, or other violations, even during routine appointments or interviews.
Will this affect green card, visa, or naturalization applicants?
Yes. Applicants may now face increased risks, including potential arrests, if USCIS suspects fraud or violation of law during their case review. This could discourage people from applying for benefits at all.
Can USCIS Special Agents target U.S. citizens?
Yes. Citizens could be investigated or arrested if accused of harboring, transporting, or assisting undocumented immigrants, or if suspected of committing other offenses tied to USCIS’s broad jurisdiction.
What does “non-immigration violations” mean in this context?
The regulation authorizes USCIS Special Agents to act on undefined “non-immigration violations.” This vague language leaves open the possibility that agents may investigate and arrest people for conduct beyond immigration law, raising concerns about legal overreach.
Will lawyers, sponsors, or employers be at risk?
Potentially. The regulation allows arrests of individuals who facilitate or assist immigrants in violation of the law. This could extend to lawyers, family members, or employers, depending on how broadly the authority is interpreted.
How will USCIS Special Agents be trained?
Details remain unclear. Traditional enforcement officers undergo months of training at specialized academies, but USCIS staff have no prior enforcement background. Whether agents will be drawn from existing employees or hired externally has not been clarified.
How will this new enforcement force be funded?
USCIS is primarily fee-funded, relying on application fees rather than congressional appropriations. Without new funding, training and equipping Special Agents could mean higher application fees or longer adjudication delays.
Does Congress allow USCIS to take on enforcement powers?
Congress explicitly prohibited combining USCIS’s adjudications function with enforcement roles in the Homeland Security Act of 2002. Legal challenges are expected, as critics argue this policy sidesteps congressional intent.
Could USCIS Special Agents face legal challenges in court?
Yes. Defendants arrested by USCIS may challenge whether the agency has lawful authority to enforce criminal laws, potentially leading to litigation that questions the legality of this delegation.
Will this worsen USCIS case backlogs?
Likely. Diverting staff or resources to enforcement could reduce capacity for processing applications, worsening existing historic backlogs for green cards, visas, and naturalization.
Will immigrants now avoid applying to USCIS?
Many may. The fear of being arrested during an interview or site visit could drive immigrants underground, discouraging them from seeking legal status and increasing the size of the undocumented population.
How might this affect U.S. employers hiring foreign talent?
Employers sponsoring visas or green cards could face stricter site inspections and possibly armed visits. Delays in work authorization approvals could also harm U.S. businesses competing for global talent.
Does this make USCIS the same as ICE?
Not officially, but in practice the overlap is significant. USCIS will continue adjudicating benefits, but with enforcement powers, it is now effectively a dual-role agency — something Congress sought to avoid.
How does this affect national security?
Critics argue that shifting USCIS toward enforcement undermines security. By focusing on arrests, USCIS may delay background checks and allow real threats to slip through the cracks.
Will USCIS Special Agents conduct neighborhood raids or site sweeps?
This remains unclear. The rule leaves open whether agents will only act during adjudications or actively participate in community enforcement alongside ICE.
How many USCIS Special Agents will there be?
The agency has not specified. It could be a small unit of dozens or a larger force with hundreds of agents over time.
Will this increase immigration application costs?
Possibly. If USCIS uses applicant fees to cover training, weapons, and enforcement costs, filing fees for green cards, naturalization, and visas could rise significantly.
Is this policy permanent?
Not necessarily. Future administrations could roll back or modify the policy, but until then, it remains in force beginning October 6, 2025.
What should immigrants and sponsors do now?
- Stay informed about your rights.
- Consult an experienced immigration lawyer before interviews.
- Prepare documentation carefully to avoid fraud allegations.
- Understand that interactions with USCIS now carry enforcement risks.
Protect Yourself in the New USCIS Enforcement Era
After the September 11, 2001 terrorist attacks, Congress passed the Homeland Security Act of 2002, breaking up the former Immigration and Naturalization Service (INS). The functions were divided into three distinct agencies:
- USCIS → responsible for adjudicating immigration benefits (green cards, visas, naturalization).
- ICE (Immigration and Customs Enforcement) → charged with interior enforcement and deportations.
- CBP (Customs and Border Protection) → tasked with border security.
Congress was deliberate: USCIS was never meant to operate as an enforcement arm. USCIS was designed to focus solely on immigration adjudications, ensuring the integrity and proper functioning of the immigration system. In fact, the law forbids recombining the benefits and enforcement sides into one agency.
This separation has lasted more than two decades. Until now. The new policy marks a significant departure by empowering USCIS to investigate and prosecute individuals who violate America’s immigration laws.
Protect Yourself in the New USCIS Enforcement Era
With USCIS deploying armed Special Agents, even a routine immigration interview could now involve enforcement actions, arrests, or aggressive questioning. If you are asking yourself:
- Should I bring an attorney to my USCIS interview?
- What if a Special Agent shows up during my appointment?
- Could I, my family, or my employer face unexpected legal risks?
You should not face these uncertainties alone.
Attorney Richard T. Herman, founder of the Herman Legal Group, has defended immigrants, families, and employers for more than 30 years. His experience means you’ll have a strong advocate who can prepare you for the interview, sit alongside you, and protect your rights if USCIS shifts from adjudication to enforcement.
📌 To get answers and representation, you can call Richard Herman’s office directly at (216) 696-6170 or book a consultation online here. For nationwide support, you may also reach the Herman Legal Group toll-free at (800) 808-4013.
Your future and your family’s safety are too important to risk. In this new enforcement era, make sure you walk into every USCIS interview with trusted legal counsel by your side.
