On September 5, 2025, the Department of Homeland Security (DHS) published a final rule expanding the law enforcement powers of U.S. Citizenship and Immigration Services (USCIS). Understandably, many immigrants are asking: What does this mean for me and my family?

At The Cruz Law Office (based in San Diego but serving clients nationwide), our message is clear: if your case is real, honest, and you qualify for the benefit you are seeking, you can move forward with hope and confidence

What Is the New USCIS Law Enforcement Rule?

DHS amended 8 C.F.R. Part 287 to give the USCIS Director authority to designate personnel with powers traditionally reserved for ICE and CBP

These officers can now:

  • Investigate civil and criminal immigration violations
  • Issue and execute arrest/search warrants
  • Arrest individuals for crimes in their presence, certain felonies, and smuggling-related activity
  • Detain, bond, and remove noncitizens
  • Carry firearms and use force (non-deadly, deadly, or during vehicle pursuits)

This rule codifies Delegation 15006 (May 2, 2025) and officially aligns USCIS authority with ICE and CBP. It will take effect early October 2025 (30 days after publication).

What This Means for Immigrants

The new authority is not aimed at honest immigrants who are eligible for their benefits. Instead, it focuses on:

  • Marriage fraud cases where the relationship is not real
  • People applying for benefits they do not qualify for
  • Applications that should never have been filed in the first place

If your case has been reviewed and filed by an experienced immigration lawyer, you can feel reassured. USCIS’s main mission is still to process legitimate cases fairly and efficiently.

What to Expect at USCIS

  • Biometrics (fingerprints/photos): These appointments are still safe and routine. The main risk is for people with fake or fraudulent cases.
  • Interviews: Most officers you meet are not law enforcement agents. Specialized officers may be armed, but that is not the norm. Honest applicants should expect the same professional interview process as before. Having an immigration attorney present- especially for family-based immigration or humanitarian cases like T-Visas and U-Visas adds protection and peace of mind.
  • Site visits: USCIS sometimes visits homes or workplaces, especially in marriage or employment cases. If your case is genuine, you have nothing to hide. Always ask for identification and contact your lawyer if this happens.

Why Choose The Cruz Law Office

At TCLO, we believe that immigrants deserve representation from lawyers who know the system, understand the struggles, and fight with heart.

  • Experience you can trust: Narciso Cruz, the founder of The Cruz Law Office, is a U.S. citizen originally from Oaxaca, Mexico. His family immigrated to the U.S. in the 1980s, and he grew up in South Central Los Angeles. He knows firsthand the challenges immigrant families face.
  • 14 years of service: For over 14 years, Narciso has practiced immigration law and helped thousands of immigrants and families throughout the United States find legal solutions.
  • Creative problem solving: Many clients come to us after being told “no” by other lawyers. Time and time again, we’ve been able to find solutions where others could not, including complex T-Visa, U-Visa and family based immigration cases.
  • Focused on you: We don’t handle every area of law—we focus on family-based and humanitarian immigration benefits like T-Visas, U-Visas, VAWA, waivers, and adjustment of status.

When you work with us, you don’t just get a lawyer—you get a team that treats your case with honesty, respect, and determination.

Your Rights and Your Next Steps

  • You should still apply if you qualify. Don’t let fear stop you from pursuing the benefits that protect your family.
  • Work only with qualified immigration attorneys. Avoid notarios and inexperienced lawyers. Immigration law is complex, and your future deserves professional guidance.
  • Know your rights. At interviews, answer only what is asked. If questions turn criminal, you have the right to stop and consult your lawyer
  • No matter where you live- San Diego or anywhere else in the country- The Cruz Law Office can prepare your case thoroughly and guide you through every step.

Action Checklist for Clients

Before Your Interview

  • Make sure your case was properly screened for prior deportation orders, fraud,
    or criminal history.
  • Remember: issues of inadmissibility require waivers. There are no shortcuts.
  • Know your rights: Answer only what is asked.

At Your Interview

  • Bring your G-28 (attorney form), ID, and only key exhibits.
  • If questioning turns criminal: Stop and consult your attorney.

If Escalation Occurs

  • Ask: “Am I free to leave?”
  • Request copies of any warrants or detainers.
  • Highlight equities such as family ties, humanitarian protections (U, T, VAWA), or fear of return if removal is raised.

Q&A: What the New USCIS Law Enforcement Powers Really Mean

If I go to my biometrics appointment, can USCIS arrest me there now?

Biometrics centers are still for fingerprints and photos, not arrests. The people most at risk are those who filed applications based on fraud or who were never eligible. If you qualify for your benefit, you can feel confident.

At The Cruz Law Office, we review every case carefully, including family-based immigration, T-Visas, and U-Visas before filing.

Will USCIS officers carry guns at my interview?

The officers you meet at your interview are there to review your case, not intimidate you. While some specialized officers may carry firearms, that’s mainly for fraud or security investigations. If your case is real and honest, your interview will be the same professional process as always.

What happens if I had a deportation order before—will they take me away right away?

Not necessarily. This authority will mostly affect people who filed cases without eligibility. If you have a prior order, we carefully prepare and explore all legal options before attending any appointment. With the right plan, many people nationwide in your situation move forward successfully.

Is it safe for me to go to biometrics if I had an old criminal record?

Yes, usually. USCIS is focused on fraud and serious security threats, not old mistakes that were resolved. We’ll review your record before filing, and if we submitted your case, it means we already assessed you as qualified.

I thought USCIS was different from ICE—are they the same now?

USCIS is still primarily about applications. These new powers give them tools to stop fraud, not to target honest applicants.

Should I go alone to my interview, or should my lawyer come with me?

You are always allowed to have your lawyer with you- even by phone. Having us present ensures your case stays on track and that you’re protected if something unexpected comes up.