In a historic shift, the U.S. Citizenship and Immigration Services (USCIS), traditionally known as the agency that adjudicates visas, green cards, and naturalization applications, will soon field its own armed special agents with sweeping law enforcement powers.
Under a final rule published in the Federal Register on September 5, 2025, USCIS will gain the authority to appoint officers classified as “1811 special agents,” the same designation used across federal law enforcement. These new agents will be empowered to investigate immigration fraud, carry firearms, execute search and arrest warrants, and present cases directly for prosecution.
A Major Evolution in Agency Role
For decades, USCIS has operated primarily as a benefits agency, while the enforcement of immigration violations fell to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). With this rule, USCIS transitions from a largely administrative role to one that incorporates direct law enforcement responsibilities.
Officials state that the move is intended to streamline investigations into fraud, abuse, and national security threats by enabling USCIS to complete cases internally, rather than referring them to ICE. This reallocation of duties is expected to allow ICE to focus on transnational criminal activity, border security, and large-scale enforcement operations.
Specific New Authorities
According to USCIS, the newly authorized special agents will:
• Investigate immigration fraud and misconduct within the agency’s jurisdiction.
• Execute search and arrest warrants issued by judicial authorities.
• Carry firearms during the performance of official duties.
• Make arrests for both immigration and criminal law violations uncovered in investigations.
• Present cases for federal prosecution, working directly with U.S. Attorneys’ Offices.
These powers bring USCIS in line with other federal agencies that operate dual administrative and enforcement functions, such as the Internal Revenue Service (IRS) and the Environmental Protection Agency (EPA).
Impact and Concerns
Proponents argue that the change will strengthen national security, expedite fraud detection, and reduce backlogs in complex cases. By housing investigative authority within USCIS, the government expects more efficient coordination between adjudicators and investigators.
However, the announcement has sparked concerns among immigrant advocates and civil liberties groups. Critics warn that the blending of benefits administration and law enforcement may erode trust in the agency, discourage applicants from coming forward, and expand the reach of immigration enforcement into communities historically shielded from policing.
Legal analysts also note that oversight mechanisms will be critical, as USCIS has not previously managed an armed investigative division. Questions remain about training standards, resource allocation, and the potential overlap with ICE responsibilities.
Implementation Timeline
The final rule takes effect 30 days after publication, setting the stage for USCIS to begin hiring and deploying its first cadre of special agents this fall. Recruitment will focus on individuals with federal investigative experience, and the agency is expected to phase in operations gradually while building internal infrastructure.
This development marks the most significant expansion of USCIS authority since its creation in 2003, redefining its identity from a service-oriented benefits agency to a dual-role institution that both adjudicates and enforces.
Conclusion
The USCIS announcement signals a turning point in U.S. immigration policy and administration. Whether viewed as a necessary modernization or an overreach of authority, the addition of special agents with arrest, firearm, and warrant powers underscores the shifting balance between service and enforcement in America’s immigration system.