On September 4, 2025, United States Citizenship and Immigration Services (“USCIS”) announced that the agency will now be authorized to employ its own law enforcement agents with arrest powers in accordance with the final rule printed in the Federal Register on September 5, 2025.

Traditionally, USCIS has functioned as an administrative agency, handling green card applications, naturalization, and humanitarian program approvals. Enforcement of immigration laws, such as arrests and deportations, has been the responsibility of other Department of Homeland Security (“DHS”) agencies, including Immigration and Customs Enforcement (“ICE”). However, with the Trump administration’s publishing of the new rule, USCIS will gain authority to hire “special agents” who will:

Carry firearms;
Investigate immigration violations;
Execute search and arrest warrants; and
Arrest individuals and present them for prosecution.

The rule, issued by Homeland Security Secretary Kristi Noem, marks a major expansion of USCIS’s role, granting powers typically reserved for federal law enforcement. It is set to take effect 30 days after publication on October 4, 2025.