• 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

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more
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
Important Updates
Important Updates
August 12, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 12, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 12, 2026 | KazakhstanKazakhstan: 2027 Work Permit Applications Being Accepted
August 12, 2026 | New ZealandNew Zealand: Parent Resident Visa Selection Process to Change in October 2026
August 12, 2026 | SingaporeSingapore: New Salary Benchmarking Table Released
August 12, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 12, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 12, 2026 | KazakhstanKazakhstan: 2027 Work Permit Applications Being Accepted
August 12, 2026 | New ZealandNew Zealand: Parent Resident Visa Selection Process to Change in October 2026
August 12, 2026 | SingaporeSingapore: New Salary Benchmarking Table Released
August 12, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
Subscribe

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.