Government body in charge of green cards and citizenship will employ armed personnel with authority to make arrests

The United States Department of Homeland Security (DHS) under the Trump administration is set to bolster immigration enforcement efforts, with the U.S. Immigration and Customs Enforcement (ICE) within DHS playing a key role. The DHS plans to deploy special investigators, capable of carrying firearms, making arrests, and executing warrants, and may involve the National Guard for certain enforcement actions.

These empowered special investigators will be housed within the U.S. Citizenship and Immigration Services (USCIS), an agency that assesses applications for green cards, citizenship, and humanitarian programs. The new rule, effective 30 days from its publication, will allow USCIS to "thoroughly fulfill its national security, fraud detection, and public safety missions related to immigration adjudications."

USCIS Director Joseph Edlow asserts that this move will better address immigration crimes, hold those who perpetrate immigration fraud accountable, and act as a force multiplier for DHS and federal law enforcement partners. However, advocates express concern about a potential "chilling effect on eligible people" seeking to adjust their immigration statuses due to the new enforcement measures at USCIS.

The rule has raised concerns about increased barriers for people seeking legal entry into the United States. Nicole Melaku, the executive director of National Partnership for New Americans, finds the shift in allowing armed agents and the new enforcement apparatus at USCIS "deeply alarming." Doug Rand, a former USCIS senior official during the Biden administration, believes that this move is unnecessary and potentially dangerous, as USCIS has long been investigating fraud in applications.

The new rule also updates USCIS's policy handbook to consider "anti-American ideologies or activities," including on social media, when deciding on immigration benefits. This could lead to a review of any "anti-American activity" as an overwhelmingly negative factor in discretionary analysis.

In addition to the new investigative team, USCIS plans to train several hundred federal law special agents who will look for immigration fraud in applications and could arrest immigrants or lawyers found to have engaged in fraud. The Trump administration's aim is to significantly increase immigration enforcement operations, with a goal of deporting 1 million immigrants annually.

Jason Houser, who held senior DHS positions during the Obama and Biden administrations, has stated that the new rule puts immigration arrests "in house" within USCIS facilities. This includes reports of ICE agents arresting people outside USCIS facilities, which the new rule would consolidate within USCIS. Homeland Security Secretary Kristi Noem has granted USCIS the right to hire agents who can make arrests, carry firearms, execute search and arrest warrants, and have "other powers standard for federal law enforcement."

The changes at USCIS have sparked debate about the impact on migrants seeking refuge and a legal pathway in the United States. Houser noted that the rule creates a feeling that "there's no place now for migrants to feel like they have an environment to seek refuge, to seek a legal pathway, without there being potentially immediate consequences for arrest or detention." As the new rule takes effect, its implications for immigration enforcement and the pursuit of legal status in the United States remain a topic of ongoing discussion.