U.S. Citizenship and Immigration Services (USCIS) announced a new rule granting some of its officers law enforcement powers. Certain officers will now be classified as federal special agents, giving them authority to investigate immigration violations, make arrests, and present cases for prosecution.
For decades, USCIS and Immigration and Customs Enforcement (ICE) have operated separately: USCIS handled applications, while ICE carried out enforcement. This new rule is more in line with the previous Immigration and Naturalization Service (INS) model that existed before 2003, when a single agency was responsible for both services and enforcement.
While the rule does expand USCIS’s authority, it’s important to know that it does not change who qualifies for a green card or how most family cases are processed today.
“The law itself hasn’t changed,” said Deanna Benjamin, an independent immigration attorney with Boundless. “Immediate relatives applying for a green card through adjustment of status remain eligible, even if they’ve overstayed a visa. What we’re seeing is a shift in how USCIS describes its authority, not a change in the rules families must meet.”
Who This Affects
- The change is most likely aimed at Fraud Detection and National Security (FDNS) officers, who already conduct site visits and fraud investigations.
- Regular USCIS adjudicators (who review green card, citizenship, and other applications) are not expected to now become enforcement officers.
- Arrests at USCIS interviews have already been happening in limited cases, usually where someone has a criminal record, a prior deportation order, or another serious issue on file.
What Hasn’t Changed
- Immigration law remains the same. Immediate relatives applying for a green card through adjustment of status are still eligible, even if they overstayed a visa. These cases continue to be approved every day.
- Discretion applies. USCIS has always had authority to deny or refer certain cases, but the vast majority of family-based green card cases without red flags move forward successfully.
- Most applicants are not at risk. The new rule does not create a new category of people who can be deported. It changes who inside USCIS can take enforcement actions.
What This Means for You
If you’re applying for a marriage- or family-based green card and your case is otherwise approvable, meaning you don’t have a criminal record, a prior deportation order, or another serious issue on file, you should still attend your USCIS visa interview as scheduled.
It’s important to be prepared: bring the correct documents, ensure your application is accurate, and address any prior immigration history upfront.
Bottom Line
This rule gives certain USCIS officers more law enforcement tools, but it does not change who qualifies for a green card.
“For the vast majority of applicants without criminal records or prior deportation orders, cases are still being approved,” said Benjamin. “Families should stay focused on filing strong, complete applications rather than being distracted by alarming headlines.”
Boundless will continue to follow this issue closely and share clear updates as they happen.