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U.S. Citizenship and Immigration Services, the federal agency responsible for managing lawful immigration, including issuing green cards, has been authorized to add armed law enforcement officers with arrest powers to its personnel, it said Thursday.
The Trump administration has already made several changes at USCIS this year to heighten scrutiny of immigrants, including increased efforts to determine whether applicants have “good moral character” as well as screening for “anti-American” behavior.
USCIS Director Joseph B. Edlow, a Trump administration appointee who was confirmed in July, said at a Center for Immigration Studies event Thursday that the new personnel would investigate immigration fraud.
He added that he had conferred with Immigration and Customs Enforcement, to which USCIS would traditionally refer potential law violations, and “they’re looking forward to having the extra help.”
“This is meant as a way to augment existing investigators,” he said, adding that he was “declaring war on fraud.”
“Not only can we start an investigation, but now we’re going to have the ability to finish an investigation, present a case for prosecution and be a real player in the immigration enforcement realm,” Edlow said, citing as targets fraudulent sponsorship programs, in which a U.S.-based employer or relative petitions for an individual to be granted a U.S. visa or green card, and permanent residencies granted through marriage.
In a statement, the American Immigration Lawyers Association said the immigration system had been intentionally designed to incentivize honesty and participation in USCIS processes. “Enforcement actions were left to other agencies to ensure that immigrants felt safe submitting their personal information and appearing for interviews,” said AILA President Jeff Joseph, adding that the change “will only serve to push people further into the shadows.”
USCIS sits within the Department of Homeland Security and oversees pathways to legally reside in the United States from within its borders, including processing green cards, citizenship applications, family member immigration, work permits, humanitarian programs and adoptions.
It was created as the Bureau of Citizenship and Immigration Services during the George W. Bush administration more than two decades ago.
“This alarming development is another example of the administration’s singular focus of creating a hostile environment for all immigrants and their attorneys,” said Benjamin Johnson, executive director of the AILA.”Threatening to arrest immigrants and possibly their attorneys shows a deepening disdain for immigrants and the rule of law.”
DHS, directed by Secretary Kristi L. Noem, will amend its regulations to authorize designated USCIS officers to “investigate and enforce civil and criminal violations of the immigration laws” within the agency’s remit, according to a final rule to be published in the Federal Register on Friday.
The amendment codifies new USCIS authority, to take effect in about 30 days, to use its officers to order expedited deportations as well as to “issue and execute detainers and warrants of arrest or removal, detain aliens, release aliens on bond and other appropriate conditions as provided by law, and remove aliens from the United States.”
The agency plans to recruit and train special agents to execute its new law enforcement tasks, it said.
