U.S. Citizenship and Immigration Services (USCIS) is set to take on a larger enforcement role with the creation of 1811-classified special agents who will have authority to investigate, arrest, and prosecute immigration law violations. This comes under a new rule published by the Department of Homeland Security (DHS), which goes into effect 30 days from publication in the Federal Register.
What the New Rule Covers
The rule grants USCIS law enforcement authorities that include:
- Making arrests
- Carrying firearms
- Executing search and arrest warrants
- Investigating civil and criminal immigration violations
These powers expand USCIS’s ability to protect national security, detect fraud, and safeguard public safety in the immigration system.
Why It Matters
USCIS Director Joseph B. Edlow explained that the agency has always had an enforcement role, but this new authority strengthens its ability to combat immigration fraud and support federal partners like the Joint Terrorism Task Force. It also grants the USCIS director power to order expedited removals — a shift that could speed up case processing.
Impact on ICE and DHS
In the past, complex fraud and criminal cases were referred to ICE’s Homeland Security Investigations (HSI). Now, USCIS can manage these cases directly, which is expected to:
- Allow ICE to focus more on transnational crime and deportations
- Streamline investigations and prosecutions of immigration fraud
- Help reduce USCIS backlogs and delays
Implementation and Recruitment
USCIS will begin recruiting and training special agents to exercise these new powers. With this change, the agency can complete investigations from start to finish, rather than passing them off to other DHS branches.
Final Thoughts
This development marks a historic shift in the role of USCIS. While it may strengthen enforcement and reduce fraud-related delays, it also raises important questions about how the agency balances its dual identity: serving immigrants who seek benefits and enforcing immigration laws. Immigrants, advocates, and attorneys should closely watch how these new authorities affect fairness and due process within the system. Click here for more details.
My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges and limited options for obtaining a green card while on a tourist visa. If you’re considering adjusting your status or have questions about family-based sponsorship, employment-based petitions, or other immigration pathways, it’s essential to understand the complexities involved. If you need personalized advice or have any immigration-related concerns, I encourage you to schedule a free consultation by clicking this link.
Kaza Law PLLC
This article is general education, not legal advice. Every case turns on its specific facts. If you want guidance on your own situation, reach out and we will look at it with you.