On September 04, 2025, in a news release entitled “USCIS to Add Special Agents with New Law Enforcement Authorities”, the United States Citizenship and Immigration Services (USCIS) explained that they have been authorized to employ “special agents” who are mandated to “investigate, arrest, and present for prosecution” individuals who are thought to be in violation of existing immigration law. Per USCIS, this authority is granted through a newly published final rule in the Code of Federal Regulations, which becomes effective on October 06, 2025. This change will allow these new officers to carry out their duties with the resources any other law enforcement officer, including but not limited to “the issuance and execution of warrants, the arrest of individuals, and carrying of firearms.”
While it is unclear to what extent these new special agents will be utilized, the stated purpose of this new program is to retain some of the enforcement responsibilities that previously were referred to U.S. Immigration and Customs Enforcement (ICE).
As this development advances, USILAW will provide additional details and guidance.