11 Sep DHS issued a new rule allowing USCIS power to arrest immigrants
A final rule published in September 2025 by the Department of Homeland Security (DHS) grants U.S. Citizenship and Immigration Services (USCIS) the authority to hire and train special agents with expanded law enforcement powers, including the ability to make arrests.
The rule is scheduled to take effect on October 6, 2025.
What are the Key provisions of the new rule?
Under this final rule, USCIS special agents are authorized to:
• Make arrests: They can arrest individuals who violate immigration law, commit immigration crimes, or commit other federal crimes in the officer’s presence.
• Investigate violations: The agents can initiate investigations into civil and criminal violations of the Immigration and Nationality Act.
• Execute warrants: USCIS special agents are empowered to execute and serve search and arrest warrants.
• Carry firearms and use force: The agents are authorized to carry firearms and use force, including deadly force in certain situations, under standard federal law enforcement protocols.
• Order expedited removals: The director of USCIS has the authority to order expedited removals.
What is the Rationale and context of this new rule?
The change represents a significant shift for USCIS, which has historically focused on administering immigration benefits rather than enforcement. Previously, criminal investigations were typically referred to other DHS agencies, such as Immigration and Customs Enforcement (ICE). The new rule consolidates more enforcement authority within USCIS itself.
According to USCIS and DHS, the rule’s purpose is to strengthen national security, detect fraud, and ensure public safety. USCIS states that its new agents will focus on “large scale criminal activity,” such as systematic fraud, rather than routine arrests.
The final rule codifies a delegation of authority initially made in May 2025 by Homeland Security Secretary Kristi Noem in response to President Trump’s Executive Order 14159, “Protecting the American People Against Invasion”.
Note: This is not legal advice.
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