In a dramatic policy shift, US Citizenship and Immigration Services (USCIS) announced it will begin training armed special agents with authority to investigate, arrest, and prosecute immigration-related violations.
A final rule, published September 5 in the Federal Register, empowers USCIS officers classified as ‘1811 special agents’ to carry firearms, execute warrants, and undertake criminal investigations—responsibilities traditionally handled by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). The final rule takes effect 30 days after publication.
The fact that USCIS, which is a benefits agency (it processes and grants visas and other immigration related benefits such as employment authorisation documents) will be training armed agents, reportedly “to look for fraud in immigration applications—and arrest the immigrants in question or the lawyers who helped prepare their petitions,” has invited sharp criticism and concern from The American Immigration Lawyers Association (AILA).
“The Trump Administration has transformed USCIS into an enforcement agency, weaponizing the immigration system against families, asylum seekers, and businesses. What’s worse, this rule states they now plan to arm potentially hundreds of agents at USCIS,” said Jeff Joseph, AILA President.
He continued: “Congress established USCIS after 9/11 to process legal immigration applications. Enforcement actions were left to other agencies to ensure that immigrants felt safe submitting their personal information and appearing for interviews. The administration’s continued attacks on those who are following the rules and going through legal channels will only serve to push people further into the shadows. Their aim of driving people out of the country shows a shocking disregard for the value and contributions that immigrants make to America.”
The Trump administration has justified the change as necessary to combat fraud and protect national security. Under the new rule, USCIS agents may initiate criminal investigations, make arrests, carry out search and arrest warrants, and even use deadly force under specific circumstances.
Joseph B. Edlow, director (USCIS), defended the move, calling it “a historic moment” for the agency. “USCIS has always been an enforcement agency,” he said. “By upholding the integrity of our immigration system, we enforce the laws of this nation. This rule allows us to better address immigration crimes, hold those that perpetrate immigration fraud accountable, and act as a force multiplier for the Department of Homeland Security (DHS) and our federal law enforcement partners.”
But, immigration advocates have denounced the shift as unlawful and dangerous. “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,” said Mitch Wexler, senior counsellor at Fragomen, a global immigration law firm,.
Abhinav Tripathi, immigration attorney and founder of Protego Law Group, described the change as a fundamental shift and questioned what happens to the integrity of adjudication when the same institution begins treating applicants as potential suspects? He warned that immigrant communities may perceive the application process as ‘stepping into an enforcement zone’, undermining trust in the system.
Rekha Sharma-Crawford, an immigration attorney, pointed out that this development is unlawful under the Homeland Security Act of 2002 and is also contrary to how benefits work. “People trying to do it the right way need to safely be able to apply for the benefits they are entitled to under the law,” she added.
Wexler explained that the shift stems from a January 20, 2025 executive order by President Trump directing DHS and its three immigration agencies—USCIS, ICE, and CBP—to prioritize enforcement. Following this, DHS Secretary Kristi Noem authorized the USCIS Director to exercise broad civil and criminal law enforcement powers. Until now, a July 2025 agreement required USCIS to handle civil fraud cases while referring criminal investigations to ICE. The new rule upends that framework by granting USCIS direct authority over criminal immigration investigations. Wexler added that USCIS argues the rule merely codifies an existing delegation, exempting it from regulatory review and public comment— however it could still face legal challenges.
A final rule, published September 5 in the Federal Register, empowers USCIS officers classified as ‘1811 special agents’ to carry firearms, execute warrants, and undertake criminal investigations—responsibilities traditionally handled by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). The final rule takes effect 30 days after publication.
The fact that USCIS, which is a benefits agency (it processes and grants visas and other immigration related benefits such as employment authorisation documents) will be training armed agents, reportedly “to look for fraud in immigration applications—and arrest the immigrants in question or the lawyers who helped prepare their petitions,” has invited sharp criticism and concern from The American Immigration Lawyers Association (AILA).
“The Trump Administration has transformed USCIS into an enforcement agency, weaponizing the immigration system against families, asylum seekers, and businesses. What’s worse, this rule states they now plan to arm potentially hundreds of agents at USCIS,” said Jeff Joseph, AILA President.
He continued: “Congress established USCIS after 9/11 to process legal immigration applications. Enforcement actions were left to other agencies to ensure that immigrants felt safe submitting their personal information and appearing for interviews. The administration’s continued attacks on those who are following the rules and going through legal channels will only serve to push people further into the shadows. Their aim of driving people out of the country shows a shocking disregard for the value and contributions that immigrants make to America.”
The Trump administration has justified the change as necessary to combat fraud and protect national security. Under the new rule, USCIS agents may initiate criminal investigations, make arrests, carry out search and arrest warrants, and even use deadly force under specific circumstances.
Joseph B. Edlow, director (USCIS), defended the move, calling it “a historic moment” for the agency. “USCIS has always been an enforcement agency,” he said. “By upholding the integrity of our immigration system, we enforce the laws of this nation. This rule allows us to better address immigration crimes, hold those that perpetrate immigration fraud accountable, and act as a force multiplier for the Department of Homeland Security (DHS) and our federal law enforcement partners.”
But, immigration advocates have denounced the shift as unlawful and dangerous. “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,” said Mitch Wexler, senior counsellor at Fragomen, a global immigration law firm,.
Abhinav Tripathi, immigration attorney and founder of Protego Law Group, described the change as a fundamental shift and questioned what happens to the integrity of adjudication when the same institution begins treating applicants as potential suspects? He warned that immigrant communities may perceive the application process as ‘stepping into an enforcement zone’, undermining trust in the system.
Rekha Sharma-Crawford, an immigration attorney, pointed out that this development is unlawful under the Homeland Security Act of 2002 and is also contrary to how benefits work. “People trying to do it the right way need to safely be able to apply for the benefits they are entitled to under the law,” she added.
Wexler explained that the shift stems from a January 20, 2025 executive order by President Trump directing DHS and its three immigration agencies—USCIS, ICE, and CBP—to prioritize enforcement. Following this, DHS Secretary Kristi Noem authorized the USCIS Director to exercise broad civil and criminal law enforcement powers. Until now, a July 2025 agreement required USCIS to handle civil fraud cases while referring criminal investigations to ICE. The new rule upends that framework by granting USCIS direct authority over criminal immigration investigations. Wexler added that USCIS argues the rule merely codifies an existing delegation, exempting it from regulatory review and public comment— however it could still face legal challenges.
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