The rule empowers USCIS agents to investigate, arrest, and prosecute immigration violations, while up to 600 military attorneys will serve as temporary judges — a shift critics warn could erode trust and judicial independence.
By AB Wire
In a significant move, U.S. Citizenship and Immigration Services (USCIS) has been granted expanded law enforcement authorities, empowering its special agents to investigate, arrest, and present for prosecution individuals who violate U.S. immigration laws, the agency announced Thursday.
The new powers were authorized under a final rule published by the Department of Homeland Security (DHS). Effective 30 days from publication, the rule delegates to USCIS law enforcement authorities typically reserved for federal agencies, including the ability to carry firearms, execute search and arrest warrants, and make arrests.
Why it matters
“This is significant because USCIS has traditionally functioned as an agency that processes immigration benefits, not as an enforcement body,” said Johnson Myalil, an immigration attorney at High-Tech Immigration Law Group in Reston, Virginia. “Enforcement actions were left to ICE. Now, they are trying to make USCIS an enforcement agency as well.”
Originally, immigration functions were handled by a single agency, the Immigration and Naturalization Service (INS). When USCIS was created, it was primarily tasked with processing immigration benefits, while enforcement responsibilities were assigned to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). That division created a clear demarcation. Now, observers say, the line is being blurred as USCIS moves toward an enforcement role — counter to its original intent.
This shift also raises questions of trust. People who go to USCIS for interviews or benefits may fear being taken into custody instead. Under the Trump administration, for example, there were cases where applicants attending interviews were detained by ICE, eroding confidence in the agency’s role as a benefits-focused body.
After the implementation of the new rule, USCIS special agents can detain immigration law violators.
The move also comes a day after the Secretary of Defense approved assigning up to 600 military lawyers to serve as temporary immigration judges. Typically, immigration judges are appointed from among DHS attorneys who handle immigration cases or directly from the Department of Justice, or from the private bar, mainly attorneys practisng immigration law. Critics have already raised concerns about judicial independence, warning that the measure could further erode confidence in the ability of immigration judges to make impartial decisions.
USCIS welcomes the change
USCIS said the new rule that grants expanded enforcement authority to the agency will enable it to better fulfill its responsibilities related to national security, fraud detection, and public safety. It also formalizes a delegation of authority from Homeland Security Secretary Kristi Noem, who directed the expansion of USCIS’s enforcement role.
“USCIS has always been an enforcement agency. By upholding the integrity of our immigration system, we enforce the laws of this nation,” said USCIS Director Joseph B. Edlow. “This historic moment will better address immigration crimes, hold those that perpetrate immigration fraud accountable, and act as a force multiplier for DHS and our federal law enforcement partners, including the Joint Terrorism Task Force.”
The new rule gives the USCIS director authority to order expedited removal and investigate civil and criminal violations of immigration laws within the agency’s jurisdiction. USCIS officials said the expanded powers will allow the agency to handle investigations from start to finish, rather than referring cases to Homeland Security Investigations (HSI) within ICE.
By shifting some investigative responsibilities to USCIS, DHS expects ICE’s enforcement and removal operations to focus more heavily on disrupting transnational crime and removing undocumented immigrants with criminal records. USCIS will simultaneously be tasked with clearing backlogs and prosecuting immigration fraud cases more directly.
To support its new enforcement mission, USCIS said it plans to recruit and train additional special agents classified as USCIS 1811 officers, commonly known as special agents.
More details on the rule can be found in the Federal Register.