DHS Grants USCIS Expanded Law Enforcement Authorities

The Department of Homeland Security amended regulations on September 5, 2025, to grant U.S. Citizenship and Immigration Services expanded law enforcement authorities. These new powers allow specific agency personnel to investigate civil and criminal immigration violations, execute warrants, make arrests, and carry firearms.

USCIS Director Joseph Edlow stated that the agency "must be an immigration enforcement agency," signaling a departure from its original mandate as a benefits-adjudication entity. This regulatory shift follows a February 5, 2025, Department of Justice memo that directed federal prosecutors to prioritize all immigration-related referrals.

Critics argue the rule is unlawful under the Homeland Security Act, which originally separated benefit administration from enforcement functions. Legal experts suggest the changes increase criminal and reputational risks for employers, specifically those sponsoring H-1B visas, and may result in more frequent onsite visits and employee arrests.