Friday 26 September 2025

The Department of Homeland Security (DHS) recently announced that, effective October 6, 2025, US Citizenship and Immigration Services (USCIS) will be granted certain law enforcement authorities. Under this new directive, USCIS personnel will be empowered to conduct investigations into immigration law violations and to carry out arrests for both civil and criminal infractions. Additionally, certain USCIS officers will be authorized to carry firearms.

This development marks a significant and unprecedented shift in the role of USCIS. Historically, USCIS has been responsible for processing applications for visas, green cards, and citizenship—handling only the administrative aspects of the immigration system. The enforcement of immigration laws, by contrast, has traditionally fallen under the purview of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Established under the Homeland Security Act of 2002, USCIS was explicitly designated as an adjudicatory agency. A 2003 DHS memorandum reaffirmed that USCIS would not engage in enforcement activities, maintaining a clear separation between administrative processing and law enforcement.

Since President Trump took office earlier this year, however, USCIS has shown an increasing willingness to collaborate with ICE, including facilitating arrests at its own field offices during routine biometrics appointments and interviews. One striking example occurred this summer in East Hartford, Connecticut, where ICE detained an Afghan interpreter who had assisted the US military in Afghanistan. Despite being lawfully present in the US and having no known criminal history, he now faces potential deportation to Afghanistan—where he risks near-certain retaliation by the Taliban.

This policy change is part of a broader trend toward the militarization of domestic agencies under the Trump administration. Other examples include the deployment of National Guard troops in US cities, efforts to rebrand the Department of Defense with a more overtly martial posture, and a large-scale campaign to recruit 10,000 new ICE agents. We are concerned about the administration’s increasingly aggressive and antagonistic approach to immigration, particularly the targeting of individuals attempting to comply with the law by attending routine, scheduled USCIS appointments.

We will continue to monitor this issue and provide updates as developments arise.

Should you have questions about how this may impact you or your family’s immigration status please contact your Laura Devine Immigration attorney or email enquiries@lauradevine.com.