USCIS Expands Role with Armed Agents

The U.S. Citizenship and Immigration Services (USCIS), traditionally known for its administrative role in the U.S. immigration system, has been granted new and controversial powers: law enforcement authority.

On September 4, 2025, a final rule was published, authorizing the creation of a unit of “special agents” within USCIS. These officers will have powers similar to federal law enforcement: investigating, executing warrants, making arrests, and carrying firearms in certain circumstances.

This change stems from a delegation of authority made in May 2025 by Homeland Security Secretary Kristi Noem, significantly expanding the agency’s capabilities. Until now, USCIS focused primarily on adjudicating immigration, naturalization, and citizenship applications.

What Changes in Practice
Under the new rule, the USCIS director can designate which employees may act as special agents, receiving training and responsibilities similar to federal law enforcement officers in series 1811.

These agents may act not only on cases directly related to immigration but also on “non-immigrationviolations,” a term that has yet to be clearly defined. The lack of specificity has raised concerns among lawyers and immigrant advocacy groups.

Reactions and Concerns
The decision has sparked apprehension in immigrant communities. Advocacy groups warn that the measure could create fear among legitimate applicants, who may feel intimidated from attending interviews or submitting documents to USCIS.

Another concern is the impact on processing times. The agency already faces long backlogs, and diverting resources to training and law enforcement could exacerbate delays.

Legal experts also note potential jurisdictional conflicts: how will USCIS authority overlap with agencies like ICE (Immigration and Customs Enforcement) and CBP (Customs and Border Protection)?

Open Questions
Even though the rule is now in effect, many issues remain undefined:

Who will be selected as agents, career USCIS employees or new hires?
Under what circumstances will the use of force or arrests be authorized?
How will impartiality be ensured when the same agency adjudicates applications and now holds investigative powers?

A Landmark in Immigration History
While the government argues that the measure strengthens national security, critics say it represents a paradigm shift in the agency’s role. USCIS, traditionally seen as the legal “gateway” to the United States, now also carries an enforcement function, moving closer to policing than it ever has before.