USCIS gains full law enforcement powers to investigate, arrest

The U.S. Citizenship and Immigration Services (USCIS) will no longer operate solely as a benefits and adjudication agency. Under a new Department of Homeland Security (DHS) rule announced on September 4, USCIS will now hold full law enforcement authority, including powers to investigate, arrest, and present immigration violators for prosecution.

The rule, which creates a new category of special agents known as USCIS 1811 officers, was published in the Federal Register on September 5 and will take effect in 30 days.

According to USCIS, the new rule grants officers the ability to investigate immigration violations, carry firearms, and execute search and arrest warrants. They can also present suspects for prosecution and issue expedited removal orders.

For example, if fingerprints submitted during a visa application reveal a criminal record, a USCIS special agent may immediately begin an investigation that could lead to on-site arrest or referral to federal prosecutors.

Joseph Edlow, director of USCIS, said the changes will allow the agency to respond more forcefully to immigration fraud and related crimes.

DHS also released a statement emphasizing that USCIS’s expanded role will strengthen the immigration system and fulfill President Donald Trump’s pledge to enhance public safety.

Previously, USCIS was seen primarily as an agency reviewing green card, citizenship, and asylum applications. Now, the agency will be able to handle cases from start to finish without transferring them to Homeland Security Investigations (HSI) under Immigration and Customs Enforcement (ICE).

Attorneys caution that the expanded USCIS law enforcement powers could raise concerns about due process.

Attorney Wan-seok Oh noted that until now, applicants with criminal records uncovered during interviews were not arrested on the spot. “Going forward, if past offenses surface during green card or citizenship interviews, applicants could face immediate arrest or expedited removal,” he said, warning that individuals with records such as drunk driving or immigration fraud must be especially careful.

Attorney Jung-hoon Song added that while the rule is legally valid under DHS authority, giving enforcement powers to an adjudicating body could create procedural rights issues. He also warned that scrutiny of misrepresentation may increase, urging applicants to carefully review documents with legal counsel to ensure consistency.

The federal government is also expanding DHS personnel to reinforce immigration enforcement. According to a September 2 report by the Guardian, DHS plans to hire 10,000 additional ICE agents and 3,000 Customs and Border Protection (CBP) officers by the end of the year. The department has also lowered the recruitment age from 21 to 18 and shortened training from 13 weeks to 8 weeks.

BY HANKIL KANG  [kang.hankil@koreadaily.com]