USCIS Agents Gain Arrest Authority for Enforcement Role

The Biden-to‑Trump shift in leadership has brought sweeping changes to how USCIS operates. Under new regulations published in September, USCIS special agents are now empowered to carry firearms, make arrests, and execute search warrants — a stark expansion of authority for an agency that had previously focused solely on adjudication of legal immigration benefits.

Many observers warn this turns USCIS from a service‑oriented agency into an enforcement arm. Civil liberties groups argue this risks chilling effects: individuals might hesitate to apply for visas, extensions, or naturalization if the same agency could arrest them.

Nearly half of FBI agents in major U.S. field offices have been reassigned to immigration duties according to a recent report by the Guardian. The data represents a significant shift in resource allocation that critics say undermines the FBI’s traditional mission.

• Increased Risk When Engaging with USCIS: The line between adjudication (visa processing, naturalization, extensions) and enforcement is blurring. People may fear applying for or renewing status if the agency itself can arrest them.
• Heightened Pressure on Vulnerable Populations: Policies targeting minors and incentives for voluntary return may disproportionately affect those with limited legal support or knowledge of rights.
• Greater Criminalization of Reentry: If the new House bill passes, immigrants who attempt to return after removal face far steeper penalties — threatening families separated by prior deportations.
• Legal Visa Pathways in Flux: The H‑1B fee challenges indicate growing instability in work visa rules, especially for high-skilled immigrants and their employers.