Kristi Noem, Secretary of the Department of Homeland Security | official website
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have announced that USCIS special agents, now classified as 1811 officers, are authorized to investigate, arrest, and present for prosecution individuals who violate U.S. immigration laws. This expansion of law enforcement authority was published in a final rule on September 4, 2025.
According to the DHS, the new rule enables USCIS to implement Secretary Kristi Noem’s delegation of certain law enforcement powers to the agency. These include making arrests, carrying firearms, executing search and arrest warrants, and other responsibilities standard for federal law enforcement agencies.
A DHS spokesperson stated: “USCIS has always played a vital role in defending the homeland. These new investigative authorities are a direct investment in our national security as part of President Donald J. Trump’s promise to the American people to make America safe again. When USCIS agents and officers are empowered to enforce the law, and keep our country safe, this results in increased accountability, collaboration, and stronger protection for our nation.”
With this delegation of authority, the USCIS director can order expedited removal and investigate both civil and criminal violations of immigration laws within USCIS jurisdiction.
The change is expected to allow USCIS to handle investigations from beginning to end without needing to refer certain cases to Immigration and Customs Enforcement (ICE). The agency anticipates being able to address backlogs more efficiently by prosecuting those who commit immigration fraud or abuse the system.
USCIS also plans to recruit and train additional special agents with these expanded powers. The final rule will take effect 30 days after its publication in the Federal Register.
