Article Summary

US Citizenship and Immigration Services (USCIS) announced a policy shift to train armed special agents with authority to investigate, arrest, and prosecute immigration-related violations, taking effect 30 days after its September 5 Federal Register publication. This empowers USCIS officers to carry firearms, execute warrants, and initiate criminal investigations, responsibilities traditionally handled by ICE and CBP. The move has drawn sharp criticism from immigration advocates, including AILA, who argue it transforms USCIS from a benefits agency into an enforcement body, potentially undermining trust in the legal immigration system.

TNP AI: Key Insights

This policy redefines USCIS's role, shifting it from solely a benefits-processing agency to one with direct criminal enforcement powers. For skilled professionals and their employers, this means heightened scrutiny during the application process, with the potential for investigations, arrests, and criminal charges directly from the agency handling their visa petitions. It could lead to increased Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and even site visits, adding significant stress and legal complexity to what was previously considered an administrative process.

Historically, USCIS focused on civil fraud while referring criminal matters to ICE. This new rule, stemming from a January 2025 executive order, upends that framework, granting USCIS direct authority over criminal investigations and potentially bypassing previous referral agreements. This change is likely to face legal challenges, as immigration advocates question its legality under the Homeland Security Act of 2002 and its impact on the integrity of the adjudication process. The long-term implication could be a more adversarial application environment, requiring applicants and attorneys to be even more meticulous and proactive in demonstrating compliance.