đ What happened
- On September 4, USCIS officially adopted a final rule that grants its officers (classified as â1811 special agentsâ) new law enforcement authorities.
- Those powers include the ability to make arrests, carry firearms, execute search and arrest warrants, and present individuals for criminal prosecution when they violate U.S. immigration laws.
- This change comes under Homeland Security Secretary Kristi Noemâs direction, aimed at boosting USCISâs capacity for national security, fraud detection, and enforcing public safety in immigration adjudication.
đ Whatâs Changing?
| Before | After |
|---|---|
| USCIS mainly processed applications (visas, benefits, status) but did not have authority to arrest or use force. | USCIS agents now have enforcement tools similar to other federal lawâenforcement agencies in certain immigration-related contexts. |
| Enforcement largely carried out by ICE, CBP, DOJ. | Some enforcement functions may shift or overlap into USCIS jurisdiction. |
đĄ Why It Matters
- Many applicants and immigrants should expect USCIS to handle some cases more strictly, especially those involving alleged fraud, misrepresentation, or situations where national security is concerned.
- Legal risks go up: now USCIS agents could be involved in investigations or arrestsânot just in adjudication. For those in immigration benefit processes, the stakes are higher.
â ď¸ Important Reminders
- The rule is active now; anyone dealing with USCIS applications should be especially careful about documentation, disclosures, and legal compliance.
- Some people may see this expansion as raising concerns about due process, rights during interviews or audits, and possible confusion over which agency is in charge in different cases.
đ˛ Learn More
Official USCIS release: âUSCIS to Add Special Agents with New Law Enforcement Authoritiesâ USCIS
Analysis of the final rule expanding enforcement authority
