USCIS Expands Law Enforcement Authority Under New DHS Rule

U.S. Citizenship and Immigration Services (USCIS) is undergoing one of the most significant changes to its role in decades. Under a final rule published by the Department of Homeland Security (DHS), USCIS officers who are classified as 1811 special agents will now have more and higher-impact law enforcement authority.

What does that mean, exactly? This rule grants USCIS new powers typically reserved for federal law enforcement agencies, including the ability to:

• make arrests;
• carry firearms;
• execute search and arrest warrants; and
• investigate and present cases for prosecution.

These changes seem to show a strategic shift, giving USCIS greater independence in addressing immigration violations, fraud detection, and national security concerns.

What This DHS Rule Means for the Immigration System

For years, USCIS has largely functioned as the “benefits” arm of U.S. immigration, handling applications for visas, green cards, and naturalization. While it has always had a fraud detection component, its role in enforcement has been fairly limited in comparison to agencies like U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).

With this new authority, USCIS will not need to refer all investigative cases to ICE Homeland Security Investigations anymore. Instead, the agency can now handle investigations from start to finish all on their own. DHS officials say this will allow ICE to focus more on transnational crime and high-priority removal operations, while USCIS directly tackles more cases of fraud and violations.

Jennifer Behm, Esq., Partner at Berardi Immigration Law, notes:

“This development is a reminder that USCIS is more than just a processing agency. While many people think of USCIS as the place you file your applications, this rule underscores the enforcement side of its mission. Applicants should be prepared to provide complete, truthful, and well-documented submissions, because scrutiny is only going to increase.”

Why DHS Made the Change

The move is framed as part of a broader DHS strategy to:

• Strengthen national security by empowering USCIS to address fraud or terrorism-related concerns directly.
• Reduce backlogs by allowing USCIS to act more swiftly on cases where fraud or abuse is suspected.
• Enhance efficiency within DHS by freeing ICE to focus on larger-scale criminal networks.

USCIS will be recruiting and training new special agents who will put these new authorities to use. The rule will become effective 30 days after publication in the Federal Register.

What This Means for Applicants

For individuals and businesses navigating the U.S. immigration system, this change highlights the need for accuracy, compliance, and transparency. USCIS will have more tools at its disposal to investigate questionable filings. That means:

• Stronger fraud detection: Misrepresentations, even seemingly small ones, could trigger a deeper investigation.
• More accountability: USCIS can now pursue cases without waiting for ICE, which could shorten timelines for enforcement.
• Greater risks for applicants who cut corners: Errors, omissions, or false claims could carry more serious consequences.

At the same time, legitimate applicants who follow the rules may benefit from faster resolutions and reduced backlogs, as USCIS takes a more active role in clearing fraudulent cases.

FAQs on USCIS’s New Enforcement Role

Will this change mean more site visits or interviews by USCIS?

Potentially, yes. With expanded investigative authority, USCIS may increase the use of home visits, workplace inspections, and in-depth interviews to verify information provided in applications. This won’t affect every case, but applicants should be ready to support their filings with thorough documentation and be prepared for additional verification steps if they are requested.

How will this affect routine applications for green cards or citizenship?

For most applicants, the process will remain the same. However, the increased enforcement authority means that applications may face closer review. Providing accurate, complete documentation will be more important than ever.

Does this mean USCIS will deport people directly?

USCIS’ role is not the same as ICE Enforcement and Removal Operations (ERO). While USCIS can now conduct investigations and present cases for prosecution, removal orders will still flow through the broader DHS framework. The new rule just allows USCIS to carry out more of the enforcement process without having to refer every case to ICE.

Key Takeaways for Employers and Families

• Employers should ensure compliance with all immigration-related filings, especially petitions for work authorization and sponsorship. Fraudulent or incomplete filings could now be investigated directly by USCIS agents.
• Families applying for green cards or naturalization should work with trusted immigration counsel to make sure all submissions are accurate and well-documented.
• Foreign nationals should be aware that USCIS officers now have expanded authority to enforce immigration laws, making honesty and transparency essential at every stage of the process.

Stay Informed on USCIS’s Authority

The expansion of USCIS law enforcement powers represents a historic shift in U.S. immigration enforcement strategy. By giving USCIS more authority to investigate and prosecute violations tied to its application reviews, DHS is attempting to increase efficiency, reduce fraud, and strengthen national security.

As Jennifer Behm emphasizes, this rule is “a clear signal that USCIS will be exercising its enforcement role more aggressively.” For applicants, the message is simple: be truthful, be thorough, and be prepared.

If you have questions about how this new rule may affect your immigration process, the attorneys at Berardi Immigration Law are here to help. Our team provides clear, practical guidance to make sure your applications are strong and compliant. Use this link to book your consultation today.