September 5, 2025
The Department of Homeland Security has issued a final rule granting U.S. Citizenship and Immigration Services (USCIS) new law enforcement powers, expanding the agency’s role beyond adjudicating immigration benefits. The regulation, published Friday in the Federal Register, codifies a May delegation from Secretary of Homeland Security Kristi Noem that authorizes USCIS officers to investigate and enforce both civil and criminal immigration violations.
Under the change, USCIS personnel may now arrest individuals for crimes committed in their presence, pursue felony arrests during immigration enforcement duties, and detain and remove noncitizens. The rule also allows designated officers to execute search and arrest warrants, carry firearms after completing required training, and use force, including in high-risk situations.
Previously, USCIS largely relied on U.S. Immigration and Customs Enforcement (ICE) to handle criminal cases arising from immigration benefit fraud or related issues. While memoranda of agreement between USCIS and ICE will remain in place, the rule positions USCIS to take more direct action. The department said the move is intended to “maximize the use of available resources” in response to what the administration has described as an unprecedented surge in unlawful immigration.
The rule also updates definitions and technical provisions in federal immigration regulations, bringing USCIS authority in line with those of ICE and U.S. Customs and Border Protection (CBP). Training standards will be overseen by the USCIS Director, who will determine equivalency to established law enforcement courses.
DHS emphasized that the measure is an internal reorganization and does not require a public comment period under the Administrative Procedure Act. It will take effect 30 days after publication, in early October.
