USCIS Gains Law Enforcement Authority

As of September 4, 2025, USCIS has been granted expanded law enforcement powers under a final rule published by DHS. Newly designated “1811” special agents will be authorized to carry firearms, arrest individuals, execute warrants, and initiate prosecutions in immigration-related fraud cases.

USCIS Director Joseph B. Edlow emphasized this shift reflects the agency’s duty to protect the immigration system's integrity. The rule becomes effective 30 days from publication, after which USCIS will begin training and deploying armed agents.

Critics and immigrant advocates, including the American Immigration Lawyers Association, warn that this heightened enforcement could undermine trust in the immigration process and discourage eligible applicants from applying.

USCIS Director Edlow hinted that the administration is preparing reforms to the H‑1B visa program aimed at increasing oversight and ensuring the protection of American workers abroad.

• Increased Enforcement: The creation of USCIS special agents could fundamentally change how immigrants and applicants perceive the agency, from a benefits-processing entity to one with enforcement capabilities.
• Delays in EB‑2 Filings: Applicants in the EB‑2 category must pause filing until the start of Fiscal Year 2026 (October 1).
• More Challenging Naturalization: Prospective citizens should apply now before changes go into effect or prepare for a tougher citizenship exam that may include written components and deeper civic evaluation.
• Heightened Scrutiny for H‑1B Program: Employers and applicants should expect potential rule changes and prepare to comply with updated regulations.