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USCIS Gains New Law Enforcement Powers: What This Means for Immigrants

On September 4, 2025, the Department of Homeland Security (DHS) published a final rule giving U.S. Citizenship and Immigration Services (USCIS) sweeping new law enforcement powers. For the first time in its history, USCIS will employ fully authorized special agents (classified under the federal 1811 designation) with authority to investigate, arrest, and present cases for prosecution.  The press release named “USCIS To Add Special Agents With New Law Enforcement Authorities” is here:  https://www.uscis.gov/newsroom/news-releases/uscis-to-add-special-agents-with-new-law-enforcement-authorities

We reviewed this and the history of USCIS and here is the information you need to know if you plan to file for any US Immigration benefits:

This represents a significant shift in the role of USCIS—from an adjudications agency to one with powers resembling federal law enforcement. Immigrants and their advocates must understand how this change affects the application process and day-to-day interactions with the agency.

What Are USCIS’s New Powers?

Until now, USCIS primarily adjudicated immigration benefits: green cards, citizenship, work permits, humanitarian visas, and other applications. While it has long had a Fraud Detection and National Security (FDNS) unit, it largely relied on other agencies, such as Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), to handle criminal probes.

Under the new rule, USCIS special agents will now have the power to:

  • Make arrests of individuals suspected of immigration law violations.
  • Carry firearms while conducting enforcement operations.
  • Execute search and arrest warrants authorized by federal courts.
  • Conduct investigations into both civil and criminal violations of immigration law.
  • Order expedited removal in certain cases without referral to ICE.
  • Present cases for prosecution directly to federal authorities.

In short, USCIS can now run full investigations from start to finish, rather than handing cases off to ICE.

Why Did DHS Grant These Authorities?

Secretary of Homeland Security Kristi Noem has emphasized that this change empowers USCIS to “uphold the integrity of our immigration system” and fight immigration fraud more aggressively.

According to USCIS Director Joseph B. Edlow, the new powers will:

  • Strengthen national security by targeting terrorism-related fraud.
  • Enhance public safety by prosecuting those who commit immigration crimes.
  • Reduce backlogs by allowing USCIS to directly handle fraud cases rather than wait on ICE.
  • Support DHS as a “force multiplier,” freeing ICE HSI and Enforcement and Removal Operations (ERO) to focus on transnational crime and removals.

How Will This Affect Immigrants Applying for Benefits?

This development has both practical and legal consequences for immigrants:

  1. Stricter Scrutiny of Applications

Applicants for immigration benefits should expect heightened review. Fraud detection has always been part of USCIS’s role, but with armed special agents now involved, investigations will be more robust.

  2. Increased Risk of Enforcement Actions

A denial of a case based on suspected fraud could now lead directly to arrest and prosecution—without waiting for ICE. This is a major shift. For example, marriage-based green card cases flagged as fraudulent could trigger criminal charges.

  3. Faster Action on Fraud Cases

USCIS’s ability to resolve fraud investigations internally may speed up some cases, but it also raises concerns about fairness and due process, since the same agency both adjudicates benefits and now has the power to prosecute.

  4. Chilling Effect on Vulnerable Applicants

Immigrants applying for asylum, humanitarian visas (VAWA, U, or T visas), or Temporary Protected Status may feel more fearful of interacting with USCIS, worried that mistakes or inconsistencies could result in criminal investigation.

  5. Expanded Training and Workforce Changes

USCIS will be recruiting and training special agents with law enforcement authority. This could create a more militarized feel at field offices, potentially intimidating applicants and their families.

What Should Immigrants Do Now?

  • Prepare Thorough Applications: Ensure every detail is accurate and supported by documentation. Even small mistakes could be misconstrued as fraud.
  • Seek Legal Guidance: Immigration attorneys can help applicants understand risks, prepare evidence, and avoid pitfalls.
  • Be Aware of Rights: Immigrants should know they have the right to remain silent, to seek legal counsel, and not to sign documents without understanding them.
  • Stay Informed: Rules may evolve as USCIS recruits and deploys its special agents.

Final Thoughts

The creation of USCIS special agents marks one of the most significant structural shifts in U.S. immigration policy in decades. What was once a benefit-granting agency is now also an enforcement body with arrest powers. For immigrants, this means applications must be approached with even greater care, honesty, and legal support.

If you are applying for a green card, citizenship, asylum, or any other immigration benefit, the stakes have never been higher. Make sure you are prepared, informed, and protected. Call Shepelsky Law Group attorneys today to discuss your personal situation at (718)769-6352!