USCIS Establishes New “Special Agents” with Enforcement Authority

In mid-September 2025, the Department of Homeland Security (DHS) issued a final rule creating a new category of officers within U.S. Citizenship and Immigration Services (USCIS) known as “special agents.” Unlike USCIS adjudicators who focus on processing applications, these agents will be granted enforcement authority, including powers to investigate, coordinate with Immigration and Customs Enforcement (ICE), and, in some circumstances, carry out arrests. The regulation is set to take effect on October 6, 2025.

What Changed

USCIS, traditionally a benefits-granting agency, will now formally employ officers with enforcement functions. These special agents are expected to work on fraud detection and compliance matters, but their authority overlaps with ICE’s enforcement role. The move represents a structural shift, blending adjudication and enforcement under a single agency that applicants typically approach for immigration benefits.

Why It Matters

For applicants, this development raises concerns that information shared during a benefits application process could potentially trigger enforcement consequences. For practitioners, it highlights the need to carefully evaluate the risks when preparing and submitting applications, especially in cases where admissibility or eligibility is complex. Advocacy groups are warning that the change could discourage immigrants from pursuing lawful benefits due to fear of enforcement exposure.

Why We Care

At AIILP, we track these shifts because they affect how immigrants interact with the legal system and how attorneys guide their clients. The creation of special agents at USCIS blurs the line between service and enforcement, which could reshape the relationship between applicants and the agency. We believe transparency, oversight, and due process safeguards are essential to ensure that immigrants are not deterred from exercising their legal rights.