Codification of Certain U.S. Citizenship and Immigration Services Law Enforcement Authorities

<RULE> DEPARTMENT OF HOMELAND SECURITY <CFR>8 CFR Part 287</CFR> <DEPDOC>[CIS No. 2827-25; DHS Docket No. USCIS-2025-0106]</DEPDOC> <RIN>RIN 1615-AD03</RIN> <SUBJECT>Codification of Certain U.S. Citizenship and Immigration Services Law Enforcement Authorities</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. Citizenship and Immigration Services, DHS. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Department of Homeland Security (DHS) is amending its regulations to codify certain law enforcement authorities delegated by the Secretary of Homeland Security (Secretary) to the Director of U.S. Citizenship and Immigration Services (USCIS) and subsequently redelegated to particular officers or employees of USCIS. These authorities allow particular USCIS personnel to investigate and enforce civil and criminal violations of the immigration laws within the jurisdiction of USCIS. These authorities include, but are not limited to, the issuance and execution of warrants, the arrest of individuals, and carrying of firearms. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective on October 6, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Security and Public Safety Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone (240) 721-3000. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents </HD> <EXTRACT> <FP SOURCE="FP-2">I. Background</FP> <FP SOURCE="FP1-2">A. Creation of the Department of Homeland Security and the Homeland Security Act</FP> <FP SOURCE="FP1-2">B. Creation of the USCIS Fraud Detection and National Security Directorate</FP> <FP SOURCE="FP1-2">C. Secretary's 2025 Delegation to USCIS</FP> <FP SOURCE="FP-2">II. Discussion of the Final Rule</FP> <FP SOURCE="FP1-2">A. Purpose of the Regulatory Action</FP> <FP SOURCE="FP1-2">B. Legal Authority</FP> <FP SOURCE="FP1-2">C. Summary of the Major Provisions of the Regulatory Action</FP> <FP SOURCE="FP1-2">i. Definition of Law Enforcement or Other Official</FP> <FP SOURCE="FP1-2">ii. Disposition of Criminal Cases</FP> <FP SOURCE="FP1-2">iii. Arrests of Persons Under INA § 287(a)(5)(A) for any Offense Committed in the Presence of an Officer</FP> <FP SOURCE="FP1-2">iv. Arrests of Persons Under INA § 287(a)(5)(B) for any Felony While Performing Duties</FP> <FP SOURCE="FP1-2">v. Arrests of Persons for Facilitating Unlawful Entry of Aliens Into the United States</FP> <FP SOURCE="FP1-2">vi. Power and Authority To Execute Search Warrants and Service Arrest Warrants</FP> <FP SOURCE="FP1-2">vii. Carrying Firearms</FP> <FP SOURCE="FP1-2">viii. Standards for Law Enforcement Activities</FP> <FP SOURCE="FP1-2">ix. Criminal Search Warrant and Firearms Policies</FP> <FP SOURCE="FP1-2">x. Technical Edits and Edits for Clarity</FP> <FP SOURCE="FP-2">III. Statutory and Regulatory Requirements</FP> <FP SOURCE="FP1-2">A. Administrative Procedure Act</FP> <FP SOURCE="FP1-2">B. Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review), and 14192 (Unleashing Prosperity Through Deregulation)</FP> <FP SOURCE="FP1-2">C. Regulatory Flexibility Act </FP> <FP SOURCE="FP1-2">D. Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP1-2">E. Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act)</FP> <FP SOURCE="FP1-2">F. Executive Order 13132 (Federalism)</FP> <FP SOURCE="FP1-2">G. Executive Order 12988 (Civil Justice Reform)</FP> <FP SOURCE="FP1-2">H. Family Assessment</FP> <FP SOURCE="FP1-2">I. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments)</FP> <FP SOURCE="FP1-2">J. National Environmental Policy Act (NEPA)</FP> <FP SOURCE="FP1-2">K. Paperwork Reduction Act</FP> </EXTRACT> <HD SOURCE="HD1">Table of Abbreviations </HD> <EXTRACT> <FP SOURCE="FP-1">BCIS—Bureau of Citizenship and Immigration Services</FP> <FP SOURCE="FP-1">CBP—U.S. Customs and Border Protection</FP> <FP SOURCE="FP-1">CPI-U—Consumer Price Index for All Urban Consumers</FP> <FP SOURCE="FP-1">CRA—Congressional Review Act</FP> <FP SOURCE="FP-1">DHS—Department of Homeland Security</FP> <FP SOURCE="FP-1">DOJ—Department of Justice</FP> <FP SOURCE="FP-1">FDNS—Fraud Detection and National Security Directorate</FP> <FP SOURCE="FP-1">HSA—Homeland Security Act of 2002</FP> <FP SOURCE="FP-1">ICE—U.S. Immigration and Customs Enforcement</FP> <FP SOURCE="FP-1">INA—Immigration and Nationality Act</FP> <FP SOURCE="FP-1">MOA—Memorandum of Agreement</FP> <FP SOURCE="FP-1">NEPA—National Environmental Policy Act</FP> <FP SOURCE="FP-1">SBREFA—Small Business Regulatory Enforcement Fairness Act of 1996</FP> <FP SOURCE="FP-1">UMRA—Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP-1">USCIS—U.S. Citizenship and Immigration Services</FP> </EXTRACT> <HD SOURCE="HD1">I. Background</HD> <HD SOURCE="HD2">A. Creation of the Department of Homeland Security and the Homeland Security Act</HD> After the horrific September 11, 2001, terrorist attacks, Congress legislated the combining of functions of various agencies involved in the administration and enforcement of the civil and criminal immigration laws into one department within the Executive Branch, led by a cabinet-level secretary. On November 25, 2002, President George W. Bush signed into law the Homeland Security Act of 2002 (Pub. L. 107-296) (HSA), which created the Department of Homeland Security (DHS). The HSA abolished the Department of Justice's (DOJ) former Immigration and Naturalization Service (INS) and transferred its immigration and other functions to the Secretary of Homeland Security. The Secretary gained authority over all functions and roles within DHS, and except where prohibited, she can delegate any of her functions to any officer, employee or organizational unit in DHS. <E T="03">See</E> 6 U.S.C. 112; 8 U.S.C. 1103(a)(4); 8 CFR 2.1. Sections 1512(d) and 1517 of the HSA provide that references relating to legacy INS in statutes, regulations, directives, or delegations of authority, shall be deemed to refer to the appropriate official or component of DHS, as delegated by the Secretary, who holds authority over all functions and roles within DHS. 6 U.S.C. 552(d), 557. Additionally, the HSA, as amended, directed the division of the prior immigration functions of INS to three immigration bureaus within DHS, specifically the Bureau of Citizenship and Immigration Services (BCIS), <SU>1</SU> <FTREF/> the Bureau of Customs and Border Protection (CBP), <SU>2</SU> <FTREF/> and the Bureau of Immigration and Customs Enforcement (ICE). <SU>3</SU> <FTREF/> The BCIS (now USCIS) was delegated the adjudicatory and naturalization functions of the former INS. <SU>4</SU> <FTREF/> Further, when establishing DHS, Congress explained that DHS was prohibited from relying on the authority provided by 6 U.S.C. 542 to reorganize the former INS's authorities and functions into DHS by recombining, joining, or consolidating the functions and organizational units within the Bureau of Border Security  <SU>5</SU> <FTREF/> or the Bureau of Citizenship and Immigration Services. <E T="03">See</E> 6 U.S.C. 291(b). DHS is not recombining USCIS and ICE into a single agency or otherwise combining, joining, or consolidating functions or organizational units together. Instead, this final rule codifies USCIS' independent authority to investigate and enforce civil and criminal violations of the immigration laws within the jurisdiction of USCIS. <FTNT> <SU>1</SU>  6 U.S.C. 271. </FTNT> <FTNT> <SU>2</SU>  6 U.S.C. 211. </FTNT> <FTNT> <SU>3</SU>  6 U.S.C. 252. In 2007, The Bureau of Immigration and Customs Enforcement became U.S. Immigration and Customs Enforcement (ICE), and the Bureau of Customs and Border Protection became U.S. Customs and Border Protection (CBP). Sixty days after DHS made the required notice, the change became official on March 31, 2007. The public was informed of this change via notice in the <E T="04">Federal Register</E> on April 23, 2007. <E T="03">See</E> 72 FR 20131. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> 6 U.S.C. 271. In 2004, BCIS became U.S. Citizenship and Immigration Services (USCIS). Sixty days after DHS made the required notice to the appropriate congressional committees, the change from BCIS to USCIS became official effective August 23, 2004. The public was informed of this change via notice in the <E T="04">Federal Register</E> on October 13, 2004. <E T="03">See</E> 69 FR 60938. </FTNT> <FTNT> <SU>5</SU>  The then Bureau of Border Security (now ICE and CBP) was to oversee border patrol, detention and removal, and investigations. <E T="03">See</E> 6 U.S.C. 252. </FTNT> All authorities and functions of DHS to administer and enforce the immigration laws of the United States are vested with the Secretary and may be redelegated by the Secretary by various means. <E T="03">See</E> 6 U.S.C. 112; 8 U.S.C. 1103(a)(4). Therefore, since the inception of DHS, the Department's full authority has rested with the Secretary and has been delegated as he or she saw fit for organizational and operational purposes. To further clarify the Secretary's authority over DHS, on March 6, 2003, DHS promulgated a final rule at 8 CFR 2.1, which amended the previous regulation by removing the reference to the Commissioner of the INS and updating the regulation with an equivalent authority and redelegation provision for the Secretary of Homeland Security. <E T="03">See</E> Authority of the Secretary of Homeland Security; Delegations of Authority; Immigration Laws, 68 FR 10922 (Mar. 6, 2003). The regulation acknowledges and explains the Secretary's authority ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 62k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━