Loune-Djenia Askew, Esq.
Sep 17, 2025
On September 5, USCIS made an announcement that could change the way many people interact with the agency. For the first time since it was created in 2003, USCIS will create a new class of “special agents.”
On September 5, USCIS made an announcement that could change the way many people interact with the agency. For the first time since it was created in 2003, USCIS will create a new class of “special agents.” These officers will be allowed to carry firearms and arrest people—not just for immigration issues, but also for other civil and criminal violations.
This move has raised many concerns for immigrants, their families, and even U.S. businesses that rely on hiring foreign talent. Here’s what you need to know.
Why Is This a Big Change?
USCIS was originally created to handle applications for immigration benefits—like green cards, work permits, and citizenship. Unlike Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), USCIS has never acted as a law enforcement agency. Its focus was supposed to be on reviewing and approving cases, not arresting people.
Now, with this new rule (set to take effect on October 6, 2025), USCIS “special agents” will have powers similar to ICE and CBP, including the ability to:
Carry firearms.
Arrest people accused of violating immigration or other federal laws.
Execute search and arrest warrants.Use force, including lethal force when deemed necessary.
What Does This Mean for Applicants?
For people applying for immigration benefits, this change may create fear and confusion. Some of the biggest concerns include:
Fear of attending USCIS appointments: People may worry that showing up for an interview could lead to an arrest.
Slower application processing: If USCIS officers are diverted to law enforcement duties, fewer staff will be available to review cases.
Higher costs: Because USCIS is funded mainly by application fees, creating and training armed officers could increase fees or cause longer delays.
Uncertainty for businesses and families: Sponsors, lawyers, or even U.S. citizens who support applicants could face new risks if rules are interpreted broadly.
Why Is This Controversial?
When Congress created the Department of Homeland Security (DHS) after 9/11, it deliberately separated immigration enforcement (ICE and CBP) from immigration benefits (USCIS). This was to ensure that people could apply for lawful status without fear that the same agency processing their applications would also arrest them.
Critics say this change blurs that line. Instead of focusing on efficiently processing applications, USCIS could now become another enforcement agency. That shift could discourage people from applying for benefits they are legally entitled to, weakening both our immigration system and national security.
Bottom Line
This is a major change in how USCIS operates. For the first time, the agency in charge of processing applications will also have armed officers with arrest powers. While the government argues this helps strengthen immigration oversight, it also creates fear, slows down legal processes, and could make it harder for people to come forward and follow the law.
If you are considering applying for immigration benefits, it’s more important than ever to seek guidance from an experienced immigration attorney. Having professional support can help you navigate these changes and protect your rights.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.