DHS Grants USCIS Officers New Authority to Arrest, Carry Firearms, and Execute Warrants

The U.S. Citizenship and Immigration Services (USCIS) has announced a new final rule that grants its personnel broad law enforcement authorities. This move allows designated USCIS officers to investigate and enforce civil and criminal violations of immigration laws, a role previously limited to other federal agencies like U.S. Immigration and Customs Enforcement (ICE).

The new rule, which is published in the Federal Register, enables USCIS to create a force of special agents—classified as 1811 officers—who are empowered to investigate, arrest, and present for prosecution those who violate immigration law. These agents will be authorized to carry firearms, execute search and arrest warrants, and use force as necessary, aligning their powers with those of other federal law enforcement agencies.

USCIS Director Joseph B. Edlow emphasized that the expansion is critical to the agency’s mission. “USCIS has always been an enforcement agency,” Edlow stated. “By upholding the integrity of our immigration system, we enforce the laws of this nation. This historic moment will better address immigration crimes, hold those who perpetrate immigration fraud accountable, and act as a force multiplier for DHS and our federal law enforcement partners, including the Joint Terrorism Task Force.”

According to the rule, this expansion of authority is intended to strengthen USCIS’s missions. The final rule explicitly grants the USCIS Director the authority to order expedited removals and investigate violations of immigration laws.

Recent announcements from DHS include new reimbursement opportunities for state and local law enforcement agencies that partner with ICE through the 287(g) program. The USCIS special agents will receive “substantially equivalent” training to that of their counterparts at ICE and U.S. Customs and Border Protection (CBP). The agency plans to begin recruitment and training for these new positions immediately.