The DHS final rule also amends various regulations to give specific USCIS personnel law enforcement capabilities.

On September 5, 2025, the Department of Homeland Security (DHS) published a final rule that significantly expands the authority of USCIS to carry out immigration enforcement activities and facilitate the removal of individuals living in the United States without valid status.

This final rule marks a fundamental shift for United States Citizenship and Immigration Services (USCIS) into immigration enforcement. Historically, USCIS has been primarily responsible for identifying and investigating fraud through civil investigations conducted during the regular adjudication of applications and petitions for immigration benefits. In contrast, Immigration and Customs Enforcement has until now maintained the sole responsibility for detecting, deterring and conducting criminal investigations of immigration benefit fraud.

Key Takeaways from the DHS Final Rule

USCIS is now authorized to engage in various law enforcement activities to enforce both civil and criminal violations of immigration laws. This includes the authority to:

• Order expedited removal under 8 U.S.C. 1225.
• Issue and execute detainers and warrants for arrest or removal.
• Detain and remove individuals from the United States.
• Release individuals on bond and other suitable conditions.
• Investigate alleged civil and criminal violations of immigration laws.

The DHS final rule also amends various regulations to give specific USCIS personnel law enforcement capabilities. This includes authorizing “special agents” to:

• Initiate investigations into criminal violations of the Immigration and Nationality Act.
• Arrest individuals for crimes committed in their presence or for felonies if there is a likelihood of escape.
• Arrest individuals involved in facilitating the unlawful entry of unauthorized immigrants into the U.S.
• Execute search and arrest warrants for both immigration and nonimmigration violations.
• Carry firearms and use nondeadly or deadly force when necessary.
• Initiate vehicular pursuits to apprehend fleeing suspects.

What This Means for Individuals and Businesses

The final rule changes this dynamic by significantly expanding USCIS's enforcement authority and discretion, transforming it from primarily a benefits-granting agency into a more robust enforcement entity. This action is the latest in recent federal efforts aimed at enhancing enforcement and deterring unlawful immigration. For instance, in recent months the administration has:

• Targeted sanctuary jurisdictions that limit cooperation with federal immigration agencies with the Department of Justice, publishing a list of these cities and threatening legal action against them.
• Reinstated neighborhood checks for naturalization applicants, a practice last used in 1991, to further evaluate an applicant's “good moral character.”
• Launched multiagency initiatives to combat immigration services scams, targeting unauthorized practitioners and fraudulent schemes.
• Issued a proclamation to stop the “invasion” at the southern border, directing federal agencies to “repel, repatriate or remove” noncitizens who cross unlawfully.

Considering these developments, it is more critical than ever for individuals and businesses to ensure full compliance with U.S. immigration laws and to be prepared for the possibility of heightened scrutiny from USCIS.

For More Information

If you have any questions about this Alert, please contact Lauren Aucoin, Kristopher Peters, any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.