The U.S. Citizenship and Immigration Services (USCIS) announced a major change in its role within the Department of Homeland Security (DHS). Under a final rule published, the agency has been granted expanded law enforcement authority, marking a historic shift in how USCIS operates.
A new class of officers, designated as 1811 special agents, will now have full federal law enforcement powers. These agents will be able to investigate immigration-related crimes, make arrests for civil and non-civil immigration and non-immigration violations, carry firearms, and execute search and arrest warrants.
A Major Shift in USCIS’ Role
USCIS has long been known as the agency responsible for processing immigration benefits such as citizenship, visas, and green cards. With this new rule, however, DHS has authorized the agency to take a more direct role in enforcement. This includes investigating both civil and criminal violations connected to immigration fraud, national security, and public safety.
The USCIS Director, Joseph B. Edlow described the move as a “historic moment,” noting that while the agency has always protected the integrity of the immigration system, these new powers will allow it to act more forcefully. He stressed that the authority will help the USCIS address immigration fraud, support national security, and work alongside federal partners like the Joint Terrorism Task Force.
The agency’s new avatar dramatically alters its role and is likely to intimidate people who are legitimately seeking immigration benefits. Further, the unclear standards generate confusion not only for families and U.S. employers sponsoring foreign workers, but also for the attorneys who are trying to guide clients through an already complex system.
Independent Investigative and Enforcement Powers
In the past, USCIS was required to refer complex enforcement matters to Immigration and Customs Enforcement (ICE). With the introduction of its own special agents, USCIS will now be able to conduct investigations independently, from start to finish. This shift is expected to enable ICE’s Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO) to concentrate more on transnational crimes and removal operations, while USCIS assumes greater responsibility for handling fraud-related cases internally.
For applicants trying to misuse the immigration system, this means the USCIS can act more swiftly investigating, prosecuting, and in some cases ordering removal without delay.
New Special Agents and Training
To fulfill these new responsibilities, USCIS will begin recruiting and training its own 1811-classified Special Agents. These officers will undergo rigorous federal law enforcement training, comparable to that of other criminal investigators, to ensure they are fully prepared to exercise their expanded authorities effectively.
Conclusion
When the DHS was created after 9/11, Congress intentionally kept USCIS separate from enforcement agencies like ICE and CBP to make sure immigration benefits were handled efficiently and safely. Shifting USCIS toward an enforcement role also means the agency may not be able to keep up with its main job: processing cases fairly and on time.
When DHS was created after the September 11 attacks, lawmakers intentionally dismantled the old Immigration and Naturalization Service (INS) because its combination of enforcement and adjudication of benefits was seen as inefficient and harmful to national security. Congress made clear in the Homeland Security Act that immigration service functions should remain separate, specifically prohibiting any recombining of enforcement with benefits adjudication.
The final rule was published on September 4, 2025, and will take effect 30 days from that date. Once in force, USCIS will officially start exercising its expanded law enforcement powers.