USCIS Introduces Armed Special Agents with Full Law Enforcement Powers

On September 4, 2025, the USCIS announced that it plans to hire special agents with all of the law enforcement authority, in a significant reform of US immigration policy. This will be the first instance when the agency that processes green cards and citizenship applications will hire armed police with arrest authority.

What Are USCIS Special Agents?

USCIS special agents are new federal law enforcement officers working in the immigration system. Such officers will have the broad enforcement power, including the power to:

• Arrest immigration offenders.

• Carry guns when they have been trained.

• Carry out search and arrest warrants.

• Prosecute immigration fraud.

• Apply deadly and non-deadly force when required.

• Introduce vehicle pursuit to arrest offenders.

The last rule permitting such positions becomes effective October 5, 2025, only 30 days after its publication in the Federal Register.

Also Read: USCIS Removes Biometrics Fee for Most Immigration Cases

Significant Departure from Traditional USCIS Operations

It is a drastic policy change within USCIS since the organisation has historically been independent without any immigration enforcement activities. Unlike the Immigration and Customs Enforcement (ICE) or the Customs and Border Protection (CBP), USCIS performed primarily administrative duties in filing and conducting interviews.

USCIS Director Joseph Edlow highlighted the agency's new focus, saying that the integrity of the immigration system entails enforcement of federal laws. The agency will hire and train several hundred special agents to investigate immigration fraud patterns and arrest immigrants and attorneys engaging in fraudulent behaviour.

Authority and Scope of New Powers

The Department of Homeland Security Secretary Kristi Noem gave USCIS broad law enforcement powers in this new structure. The jurisdiction of the special agents will be:

Criminal Investigations

• Massive-scale immigration fraud rings.

• Fraudulent disability appeals to escape English proficiency exams.

• Teams that apply almost the same applications.

• Malpractice in immigration of attorneys.

Civil Enforcement Actions

• Immediate deportations.

• Detection of immigration benefit fraud.

• Threat assessment of national security.

• Public safety evaluation

Impact on Immigration Applicants

Immigration activists are very concerned about the chilling effect on the eligible applicants. Nicole Melaku, the National Partnership for New Americans executive director, described the decision as disastrous.

Another problem that former USCIS officials raise is the risk of intimidating honest applicants with armed agents present during the interview. Former senior USCIS official Doug Rand called the move an unnecessary and damaging escalation.

Concerns for Applicants

Here are the concerns for applicants that you need to be aware of:

• Hate to go to required interviews.

• Less willingness to claim benefits.

• Development of more anxiety in the application processes.

• Risk of immediate arrest at the regular visits.

Operational Changes and Enforcement Focus

The Trump administration intends to expel 1 million immigrants per year, and that enforcement power will need to be expanded to many agencies. This U.S.C.I.S. redesign helps to achieve larger immigration enforcement objectives by:

• Facilitating end-to-end fraud investigations.

• Making fewer referrals to other agencies.

• Releasing ICE resources to other priorities.

• Building more arrest capacity.

Also Read: USCIS Tightens Marriage Green Card Procedures

Additional Policy Changes Under the Trump Administration

USCIS has also introduced several other restrictive measures, in addition to the hiring of special agents:

Resumed Neighbourhood Investigations

In August 2025, the USCIS announced that it was reviving its old practice of neighbourhood inquiries that had not been undertaken since 1991. Such investigations can include an examination of the neighbours and colleagues of applicants.

Social Media Screening

To address the anti-American ideas or actions on social media, USCIS revised its policy handbook accordingly. The instruction is that any anti-American action will adversely affect the discretionary assessments.

Increased Scrutiny Measures

Here are details regarding the increased scrutiny measures:

• Increased Requests for Evidence (RFEs).

• Improved investigations of marriage-based green cards.

• Broader standards of good moral character.

• More rigid enforcement of the current laws.

Legal and Constitutional Questions

The rule was published without undergoing any regulatory review or soliciting any comment, based on procedural exemptions pursuant to the Administrative Procedure Act. This fact, according to legal experts, can be challenged in court.

According to Jason Houser, who served in senior DHS roles under Obama and Biden, the aim here is to transfer the burden of enforcement to benefits processing.

Training and Implementation Timeline

In the next few months, USCIS will hire and develop several hundred federal law enforcement agents. The training will cover:

• Federal law enforcement practices.

• Gun qualification and protection.

• Immigration and detection of fraud.

• Arrest and execution of warrants.

Although the implementation details have not been specified, Director Edlow stated that the changes will be aimed at researching criminal violations instead of raising the number of arrests.

Comparison with Previous Administrations

Here is a comparison of the current scenario with previous administrations:

Looking Ahead: Long-Term Implications

This policy shift may permanently alter how immigrants interact with USCIS. The creation of armed special agents within a benefits-processing agency represents an unprecedented blending of administrative and enforcement functions.

Immigration attorneys advise clients to prepare thoroughly for all USCIS interactions and consider legal representation for complex cases. The new enforcement environment requires extra caution when submitting applications or attending interviews. The policy also raises questions about future immigration reform and whether this enforcement model will continue beyond the current administration.

Also Read: USCIS to Allocate $2.6 Million for Immigrant Integration

Conclusion

USCIS special agents are a notable addition to immigration enforcement capacities as part of a larger Trump administration strategy to escalate deportations and minimise illegal immigration. Although proponents claim that this will help fight fraud more efficiently, critics fear that this will affect the legitimate applicants seeking legal status in the United States. Contact TerraTern for more information!