Important Updates
Important Updates
May 19, 2026 | Cayman IslandsCayman Islands: New Immigration Act Tightens Hiring, Mobility and Compliance Rules
May 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
May 20, 2026 | 🌐Worldwide: Eid-al-Adha Closures
May 19, 2026 | United StatesBloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures
May 19, 2026 | CanadaCanada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026
May 19, 2026 | Cayman IslandsCayman Islands: New Immigration Act Tightens Hiring, Mobility and Compliance Rules
May 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
May 20, 2026 | 🌐Worldwide: Eid-al-Adha Closures
May 19, 2026 | United StatesBloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures
May 19, 2026 | CanadaCanada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026
May 19, 2026 | Cayman IslandsCayman Islands: New Immigration Act Tightens Hiring, Mobility and Compliance Rules
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: USCIS Issues Final Rule Adding Special Agents with New Law Enforcement Authority

September 4, 2025

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • A USCIS final rule expands criminal law enforcement authority and practice within the agency, empowering certain USCIS officials to make arrests, carry firearms, and execute search and arrest warrants, among other new authorities.
  • The final rule is scheduled to take effect 30 days after its September 5, 2025 publication in the Federal Register.
  • The rule was issued without regulatory review or public comment, and may be challenged in court.

The issue

U.S. Citizenship and Immigration Services (USCIS) is issuing a final rule that permits USCIS employees to be classified as special agents authorized to make arrests, carry firearms, and execute search and arrest warrants, among other law enforcement activities. Previously, these functions have primarily been the purview of the other two Department of Homeland Security (DHS) sub-agencies – Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) – as well as other federal law enforcement agencies.

USCIS says that it will recruit and train special USCIS agents who will exercise the new law enforcement authorities, detailed further below. It is not known whether there will be a specific unit within USCIS designated for these new functions, or whether the agents will be decentralized and positioned throughout the agency, perhaps with dual roles within the organization.

The final rule will be published in the Federal Register on September 5 and will take effect 30 days later. USCIS says that the final rule codifies an existing delegation of authority held by the USCIS Director, and that therefore, under the procedural exception to the Administrative Procedure Act (APA), the final rule was not required to be sent to the Office of Management and Budget (OMB) for regulatory review or provided to the public for comment. The rule could be challenged in court.

Background

On January 20, President Trump issued Executive Order (EO) 14159, “Protecting the American People Against Invasion,” directing the Department of Homeland Security (DHS) and its three immigration-related subagencies – USCIS, ICE, and CBP – to prioritize immigration enforcement. In response to the EO, on May 2, 2025, DHS Secretary Kristi Noem executed a DHS delegation to authorize the USCIS Director to undertake and re-delegate within USCIS a wide range of civil and criminal law enforcement actions, including issuing and executing detainers and arrest warrants.

Nevertheless, under the current policy framework, implemented through a July 23, 2025 memorandum of agreement (MOA) executed by USCIS and ICE, the two DHS sub-agencies split and coordinate the investigation and referral of immigration benefit fraud cases – USCIS retains full authority over civil fraud investigations, but must refer any potential criminal activity or investigation to ICE. Under this July agreement, ICE has the sole responsibility for conducting criminal investigations of immigration benefit fraud. USCIS’s new final rule changes this framework by expanding USCIS authority and practice into the area of criminal immigration investigations and enforcement.

A closer look

USCIS’s announcement of the final rule states that the agency is adding special agents to USCIS with new law enforcement authorities. The final rule authorizes these special agents to:

  • Initiate an investigation into a criminal immigration violation;
  • Arrest an individual for crimes committed in the presence of the designated officer;
  • Execute search warrants for immigration and non-immigration violations;
  • Serve arrest warrants for immigration and non-immigration violations;
  • Carry firearms, after training;
  • Use non-deadly force and initiate a vehicular pursuit to apprehend those attempting to avoid apprehension; and
  • Use deadly force in certain situations.

As noted above, USCIS plans to recruit and train special agents in the new authorities, though the details of their role in the USCIS organization are not known. In a public interview, however, USCIS Director Joseph Edlow indicated that changes at USCIS are intended to focus on increased investigations of criminal violations, especially related to large-scale patterns of fraud, rather than on increased arrests.

What’s next

Implementation of this rule is likely to lead to an increase in enforcement activity, and may lead to additional requests for evidence, notices of intent to deny, and notices to appear issued by USCIS, as well as additional site visits and inquiries by the newly trained special agents.

The final rule is scheduled to take effect 30 days after its September 5 publication date. It is possible that the rule will be challenged in court.

Fragomen is monitoring implementation of the final rule and will provide further updates as we learn more about implementation.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Video

Romania Launches Unified Work Permit System | #MobilityMinute

Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Video

Romania Launches Unified Work Permit System | #MobilityMinute

Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.