The Department of Homeland Security (DHS) has issued a final rule granting U.S. Citizenship and Immigration Services (USCIS) expanded law enforcement authority, marking a significant shift in the agency’s role. Under this rule, USCIS special agents will now be empowered to investigate, arrest, and present individuals for prosecution in connection with violations of U.S. immigration laws. The USCIS enforcement agents will be able to make arrests, carry firearms, execute search and arrest warrants, and perform other duties traditionally associated with federal law enforcement. The new rule is scheduled to take effect on October 5, 2025.

USCIS will now be able to deport individuals and handle certain investigative matters that previously would have been referred to Immigration and Customs Enforcement (ICE).

It is critical that individuals and employers are prepared for increased scrutiny of their immigration benefit applications, including green card and naturalization applications. Employers also need to audit their I-9s to ensure they are in full compliance with U.S. immigration regulations.

See the full USCIS press release here. The immigration attorneys at Ryan Swanson are monitoring this closely and are available to advise employers and individuals regarding the impact of the new rule.