Published: November 10, 2025
In the past, the US Citizenship and Immigration Services (USCIS) was primarily responsible for handling civil immigration cases, such as reviewing applications for citizenship, green cards, and work permits. On the one hand, the Immigration and Customs Enforcement (ICE) manages the enforcement actions, encompassing arrests, investigations, and removals.
However, a new rule published by the Department of Homeland Security (DHS) expands the law enforcement powers of USCIS. It will take effect on October 6, 2025, authorizing certain USCIS personnel to serve as federal special agents, investigating immigration offenses, making arrests, and referring cases for prosecution.
The DHS final rule significantly changes how USCIS operates. Hence, the following section examines how USCIS’s new enforcement powers may impact the green card application process and what applicants can expect.
Overview of USCIS’s New Enforcement Powers
Under the new rule, the function of USCIS is no longer limited to adjudicating applications and petitions for immigration benefits. Their authority now extends to engaging in several law enforcement activities, enabling them to carry out their mission effectively in terms of national security, public safety, and fraud detection.
There’s now a criminal component in USCIS administrative inquiries. That means undocumented or improperly documented individuals identified during site visits, fraud assessments, or other inquiries can be subject to arrest, detention, and expedited removal. In particular, the capabilities of newly designated USCIS Special Agents include the power to:
- Initiate investigations into any criminal or civil violation of the immigration laws
- Permitted to carry firearms and utilize necessary force
- Enforce warrants for search, arrest, and removal, including judicial detainers
- Make arrests for felonies and crimes committed in the officer’s presence
- Expedite the removal process of individuals without lawful status
- Refer individuals who allegedly committed immigration violations for criminal prosecution
What the New Enforcement Powers Mean for Your Green Card Applications
The delegation of new enforcement powers to USCIS will raise the level of scrutiny on filings and conduct, particularly when red flags are detected. It’s worth noting, however, that the authority of designated special agents is limited within the jurisdiction of USCIS, which is not defined by the law.
Since USCIS handles a vast array of immigration-related matters, enforcement actions may have implications across many aspects of immigration law. A certainty, however, is that the qualification criteria for a green card remain unchanged.
Suppose you’re securing a marriage- or family-based green card without a prior deportation order or criminal history. You remain eligible for case approval and must still proceed with your USCIS visa interview as scheduled. Still, expect a shift in the scrutiny level and documentation demands, so ensure to file a solid and well-supported application.
Strengthen Your Green Card Application With ALG Lawyers
USCIS’s expanded authority may seem intimidating, particularly if you’re seeking immigration benefits. Although the eligibility criteria remain unchanged, ensuring compliance and accuracy in your application is more essential than ever. Any mistake or inconsistency in filings can now trigger increased scrutiny, requests for evidence, or enforcement actions from USCIS.
Considering that, attempting to handle your own case without professional legal guidance carries significant risk under the new enforcement rule. Thus, you must stay informed and secure your green card with the help of a Los Angeles immigration lawyer. Contact our firm now for personalized legal support.
FAQs on the Potential Impact of USCIS’s New Enforcement Powers on Green Card Applications
Who is most vulnerable to USCIS’s new enforcement powers?
The new enforcement rule doesn’t introduce new grounds for deportation. The change focuses instead on establishing who inside the USCIS is authorized to take enforcement actions.
Still, it raises new considerations about identifying and managing additional risk points, making accuracy and complete disclosure in filings more essential than ever. As a result, individuals with prior immigration violations, a criminal record, or a history of fraudulent filings are more likely to draw heightened scrutiny and enforcement attention.
Will the new enforcement rule mean additional USCIS visits or interviews?
Additional USCIS visits or interviews may be possible. With expanded enforcement powers, USCIS has the capacity to conduct more targeted inquiries, site visits, or examinations of higher-risk cases, particularly those that involve suspected fraud, misrepresentation, or national security threats.
What can you do to protect your green card application?
The green card process for most applicants will be the same. Still, you must approach your green card application with even greater care and absolute honesty. Competent assistance from a Los Angeles immigration lawyer can help you provide accurate and complete documentation. They can also assist you in understanding your risks, preparing evidence, and preventing errors in your filing.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)