[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Rules and Regulations]
[Pages 42797-42804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16978]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 170 / Friday, September 5, 2025 /
Rules and Regulations
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 287
[CIS No. 2827-25; DHS Docket No. USCIS-2025-0106]
RIN 1615-AD03
Codification of Certain U.S. Citizenship and Immigration Services
Law Enforcement Authorities
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
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SUMMARY: 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.
DATES: This final rule is effective on October 6, 2025.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Creation of the Department of Homeland Security and the
Homeland Security Act
B. Creation of the USCIS Fraud Detection and National Security
Directorate
C. Secretary's 2025 Delegation to USCIS
II. Discussion of the Final Rule
A. Purpose of the Regulatory Action
B. Legal Authority
C. Summary of the Major Provisions of the Regulatory Action
i. Definition of Law Enforcement or Other Official
ii. Disposition of Criminal Cases
iii. Arrests of Persons Under INA Sec. 287(a)(5)(A) for any
Offense Committed in the Presence of an Officer
iv. Arrests of Persons Under INA Sec. 287(a)(5)(B) for any
Felony While Performing Duties
v. Arrests of Persons for Facilitating Unlawful Entry of Aliens
Into the United States
vi. Power and Authority To Execute Search Warrants and Service
Arrest Warrants
vii. Carrying Firearms
viii. Standards for Law Enforcement Activities
ix. Criminal Search Warrant and Firearms Policies
x. Technical Edits and Edits for Clarity
III. Statutory and Regulatory Requirements
A. Administrative Procedure Act
B. Executive Orders 12866 (Regulatory Planning and Review),
13563 (Improving Regulation and Regulatory Review), and 14192
(Unleashing Prosperity Through Deregulation)
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Small Business Regulatory Enforcement Fairness Act of 1996
(Congressional Review Act)
F. Executive Order 13132 (Federalism)
G. Executive Order 12988 (Civil Justice Reform)
H. Family Assessment
I. Executive Order 13175 (Consultation and Coordination With
Indian Tribal Governments)
J. National Environmental Policy Act (NEPA)
K. Paperwork Reduction Act
Table of Abbreviations
BCIS--Bureau of Citizenship and Immigration Services
CBP--U.S. Customs and Border Protection
CPI-U--Consumer Price Index for All Urban Consumers
CRA--Congressional Review Act
DHS--Department of Homeland Security
DOJ--Department of Justice
FDNS--Fraud Detection and National Security Directorate
HSA--Homeland Security Act of 2002
ICE--U.S. Immigration and Customs Enforcement
INA--Immigration and Nationality Act
MOA--Memorandum of Agreement
NEPA--National Environmental Policy Act
SBREFA--Small Business Regulatory Enforcement Fairness Act of 1996
UMRA--Unfunded Mandates Reform Act of 1995
USCIS--U.S. Citizenship and Immigration Services
I. Background
A. Creation of the Department of Homeland Security and the Homeland
Security Act
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. See 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),\1\ the Bureau of Customs and Border Protection (CBP),\2\ and
the Bureau of Immigration and Customs Enforcement (ICE).\3\ The BCIS
(now USCIS) was
[[Page 42798]]
delegated the adjudicatory and naturalization functions of the former
INS.\4\ 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 \5\ or the Bureau of
Citizenship and Immigration Services. See 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.
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\1\ 6 U.S.C. 271.
\2\ 6 U.S.C. 211.
\3\ 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 Federal Register on April
23, 2007. See 72 FR 20131.
\4\ See 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 Federal Register on
October 13, 2004. See 69 FR 60938.
\5\ The then Bureau of Border Security (now ICE and CBP) was to
oversee border patrol, detention and removal, and investigations.
See 6 U.S.C. 252.
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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. See 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. See
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 to delegate her
authority and that such delegation ``[. . .] may be made by regulation,
directive, memorandum, or other means as deemed appropriate by the
Secretary in the exercise of the Secretary's discretion'' and that
``[a] delegation of authority or function may in the Secretary's
discretion be published in the Federal Register, but such publication
is not required.'' 8 CFR 2.1.
On June 5, 2003, then-Secretary Ridge exercised his authority to
delegate certain immigration responsibilities to the Bureau of
Citizenship and Immigration Services (now USCIS). See DHS Delegation
No. 0150.1 (June 5, 2003). Specifically, USCIS was delegated the
authority to interrogate aliens, issue subpoenas, administer oaths,
take and consider evidence, and fingerprint and photograph aliens under
sections 287(a), (b), and (f) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1357(a), (b), and (f), and section 235(d) of the INA, 8
U.S.C. 1225(d). See DHS Delegation No. 0150.1(II)(S). Section III of
DHS Delegation No. 0150.1 specifically limited the enforcement
authority of USCIS. It prohibited USCIS from enforcing immigration laws
by inspection of aliens or vehicles, issuance or execution of warrants,
detention or release of aliens on bond, removal of aliens from the
United States, issuance of stays of removal, reinstatement of removal
orders, or any other enforcement authority exclusively delegated to the
Commissioner of CBP or the Assistant Secretary (now Director) for ICE.
See DHS Delegation No. 0150.1(III).
Title 8 of the CFR continued to be valid as DHS was the successor
to INS. However, it was appropriate at that time to conform Title 8 of
the CFR to the new governmental structures as laid out in the HSA and
the Department of Homeland Security Reorganization Plan, as modified,
(Reorganization Plan).\6\ On June 13, 2003, DHS published the final
rule ``Powers and Authority of Officers and Employees; Revisions to the
Internal Review Process for Alleged Violations of the Standards for
Enforcement Activities'' (2003 Final Rule) to amend Title 8 of the CFR
to reflect the structural organization of DHS. See 68 FR 35273. The
2003 Final Rule was published without having gone through notice and
comment rulemaking because it was determined the rule was excepted from
the notice and comment requirements of the Administrative Procedure Act
as a rule of agency organization, procedure, or practice. Id. at 35274;
see also 5 U.S.C. 553(b)(A).
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\6\ See 6 U.S.C. 542. The original DHS Reorganization Plan was
submitted on November 25, 2002, pursuant to Section 1502 of the HSA,
6 U.S.C. 542, which included two categories of information
concerning plans for the new DHS; the ``transfer of agencies,
personnel, assets, and obligations,'' and ``any consolidation,
reorganization, or streamlining of agencies transferred'' to DHS.
The Reorganization Plan was amended on January 7, 2003. See A
Reorganization Plan for the Department of Homeland Security (Jan. 7,
2003). 108th Congress, 1st Session, House Document: 108-16.
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The 2003 Final Rule amended parts 1, 103, 239, and 287 of Title 8
of the CFR. In the 2003 Final Rule definitions were added for the three
immigration bureaus within DHS that were delegated the authorities of
the former INS--the Bureau of Citizenship and Immigration Services
(BCIS), the Bureau of Customs and Border Protection (CBP), and the
Bureau of Immigration and Customs Enforcement (ICE). The 2003 Final
Rule clarified that the functions of INS continued under DHS and
highlighted instances where there was a transfer of function to other
departments such as the Department of Health and Human Services.\7\ The
2003 Final Rule also amended powers and authorities, departments, job
titles, and delegations under the Secretary's general authority found
in 8 CFR 2.1. Except where prohibited, the Secretary can delegate any
of his or her functions to any officer, employee, or organization unit
in DHS.\8\
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\7\ See section 462 of the HSA, as amended, 6 U.S.C. 279
(concerning unaccompanied alien children).
\8\ See 6 U.S.C. 112.
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For example, deportation officers and immigration enforcement
agents were provided the authority to execute search warrants under 8
CFR 287.5(e)(1)(v) and 287.5(e)(1)(vi). Similarly, deportation officers
and immigration enforcement agents were provided the authority to make
arrests under INA 236(a) under 8 CFR 287.5(c)(1) through (6), serve
warrants of arrest for non-immigration violations under 8 CFR
287.5(e)(4)(v) and 287.5(e)(4)(vi), and issue detainers under 8 CFR
287.7(b)(3) and 287.7(b)(6). In all cases, those authorities were
delegated by the Secretary.\9\ At that time, BCIS (now USCIS) was not
delegated the same authorities through regulation or other delegation.
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\9\ See DHS Delegation No. 7030.2, Delegation of Authority to
the Assistant Secretary for U.S. Immigration and Customs Enforcement
(Mar. 1, 2003), https://www.ice.gov/doclib/foia/policy/7030.2_DelegationAuthority_03.01.2003.pdf; DHS Delegation No.
0150.1, Delegation to the Bureau of Citizenship and Immigration
Services (June 5, 2003), https://www.hsdl.org/c/view?docid=234775.
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B. Creation of the USCIS Fraud Detection and National Security
Directorate
In 2004, USCIS created the Fraud Detection and National Security
Office (FDNS) in response to a Congressional recommendation to
establish an organization ``responsible for developing, implementing,
directing, and overseeing the joint [US]CIS-ICE anti-fraud initiative,
and conducting law enforcement/background checks on
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every applicant, beneficiary, and petitioner prior to granting any
immigration benefits.'' \10\ In 2010, USCIS responded to public
concerns about the integrity of the immigration system by elevating
FDNS from an office to a Directorate \11\ which elevated the profile of
its work within USCIS, ensured that an anti-fraud and national security
perspective informed agency policy making at the highest levels,
brought about operational improvements, and enhanced the integration of
the FDNS mission in all facets of the agency's work.
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\10\ H.R. Conf. Rep. 108-774, at 74 (2004), as reprinted in 2004
U.S.C.C.A.N. 1198, 1242.
\11\ USCIS is divided into directorates and program offices with
the former being director-led departments in charge of multiple
divisions and the latter chief-led offices that have a specific
function. See USCIS, Directorates and Program Offices, https://www.uscis.gov/about-us/organization/directorates-and-program-offices
(last visited Jul. 29, 2025).
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Currently, FDNS supports the USCIS mission by establishing guidance
and overseeing processes to identify and mitigate threats to national
security and public safety posed by those seeking immigration benefits;
detecting, pursuing, and deterring immigration benefit fraud;
identifying and removing systemic vulnerabilities in the process of the
legal immigration system; developing and implementing security
screening programs and procedures; and acting as a USCIS conduit for
information sharing and collaboration with other governmental agencies.
The initial delegation from the Secretary to USCIS directed USCIS
to coordinate with ICE and CBP on complementary, concurrent, or
overlapping authorities. See DHS Delegation No. 0150.1(III). One
authority concurrently delegated to both USCIS and ICE was the
authority to conduct civil and criminal investigations of violations of
immigration laws, including but not limited to alleged fraud, with
respect to immigration benefits available under the INA.\12\
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\12\ See DHS Delegation No. 0150.1(II)(I) (June 5, 2003) and DHS
Delegation No. 07030.2(2)(I), Delegation of Authority to the
Assistant Secretary for the Bureau of Immigration and Customs
Enforcement (Mar. 1, 2003).
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In 2017, then-Secretary Johnson reaffirmed the delegated authority
of the Director of USCIS to conduct certain law enforcement activities
relating to the accessing of internet and publicly available social
media content. See DHS Delegation No. 15002 (Jan. 19, 2017).
Specifically, the delegation stated that
[i]n matters under the jurisdiction of USCIS, to protect the
national security and public safety, to conduct law enforcement
activities, including but not limited to accessing internet and
publicly available social media content using a fictitious account
or identity, provided that such activities shall only be conducted
by properly trained and authorized officers, and in a manner
consistent with the Reservations set forth in Department of Homeland
Security Delegation Number 0150.1 and consistent with the
Department's obligations to protect privacy and civil rights and
civil liberties.\13\
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\13\ See Secretary of Homeland Security Delegation No. 15002,
Delegation to the Director of U.S. Citizenship and Immigration
Services to Conduct Certain Law Enforcement Activities, Section II
(Jan. 19, 2017).
Subsequently, on March 28, 2017, the USCIS Director delegated the
authority to conduct law enforcement activities relating to accessing
internet and publicly available social media content to the Associate
Director for FDNS \14\ and the Chief of the Office of Security and
Integrity.\15\ This authority was to be exercised in matters under the
jurisdiction of their respective directorates to protect national
security and public safety and was only to be enacted by properly
trained and authorized officers and employees of USCIS.\16\
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\14\ Delegation of Authority to Conduct Certain Law Enforcement
Activities Including, But Not Limited to, Accessing Internet and
Publicly Available Social Media Content Using a Fictitious Account
or Identity (Mar. 28, 2017).
\15\ Delegation of Authority to Access the Internet and Publicly
Available Social Media Content Using Fictitious Account or Identity
(Feb. 11, 2023).
\16\ See 5 U.S.C. 2104, 2105(a). The terms officer and employee
do not include contractor personnel.
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On July 23, 2025, USCIS and ICE entered into their fourth
memorandum of agreement (MOA) to coordinate on the investigation of
immigration benefit fraud and referral of cases for criminal
investigation.\17\ The MOA provides that ICE has sole responsibility
for detecting, deterring, and conducting criminal investigations of
immigration benefit fraud. USCIS is primarily responsible for
identifying and detecting potential fraud through civil investigations
conducted in the ordinary course of the adjudication of applications
and petitions for immigration benefits. Thus, USCIS currently must
refer any potential criminal activity or investigation to ICE. The MOA
divides criminal and civil immigration benefit fraud investigations
between ICE and USCIS, respectively.
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\17\ Memorandum of Agreement Between USCIS and ICE Regarding
National Security, Public Safety and Immigration Benefit Fraud Case
Referrals (Jul. 23. 2025) (Note this MOA supersedes three related
MOAs addressing referral of immigration cases with public safety
(i.e., criminality issues) and national security concerns, entitled
Memorandum of Agreement between USCIS and ICE on the Issuance of
Notices to Appear to Aliens Encountered during an Adjudication (June
20, 2006), Memorandum of Agreement between USCIS and ICE on the
Investigation of Immigration Benefit Fraud (Sept. 25, 2008) and
Memorandum of Agreement Between USCIS and ICE Regarding the Referral
of Immigration Benefit Fraud and Public Safety Cases (Dec. 15,
2020).
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While there is an overlap between the original ICE and USCIS
delegations, the current MOA explains DHS policy and the division of
labor between the two components based upon the original delegations.
These internal DHS policies and MOAs will be appropriately updated as a
result of the Secretary's 2025 delegation to USCIS discussed below and
following publication of this rule.
C. Secretary's 2025 Delegation to USCIS
As described in Executive Order 14159, ``Protecting the American
People Against Invasion,'' the United States saw ``an unprecedented
flood of illegal immigration'' with many of these aliens presenting
significant threats to national security and public safety. 90 FR 8443
(published Jan. 29, 2025). It is this administration's stated policy
that it is the federal government's responsibility to ``faithfully
execute the immigration laws against all inadmissible and removable
aliens, particularly those aliens who threaten the safety or security
of the American people.'' Id. Additionally, Executive Order 14159
directs the leaders of ICE, CBP, and USCIS to ``set priorities for
their agencies that protect the public safety and national security
interests of the American people, including by ensuring the successful
enforcement of final orders of removal.'' Id. In order to meet the
stated goals of Executive Order 14159 it is necessary for DHS to
maximize the use of all of its available resources while also ensuring
they are deployed in a judicious and efficient manner.
USCIS performs critical work for DHS and is integral to the
enforcement of immigration laws by actively supporting and
collaborating with the law enforcement community at all levels as well
as civilly enforcing immigration laws through its adjudications.
However, DHS Delegation No. 0150.1 has historically limited the scope
of USCIS' authority, capabilities, and involvement in the enforcement
of immigration laws.
To be responsive to Executive Order 14159 and to ensure that DHS
resources are being leveraged to their greatest capacity, the Secretary
has determined that USCIS will assume a more engaged and proactive
posture in the Department's efforts to enforce immigration laws. To
facilitate this, the Secretary delegated to the Director of USCIS the
authority to conduct additional law enforcement activities to
[[Page 42800]]
enforce civil and criminal violations of immigration laws within the
jurisdiction of USCIS. See DHS Delegation No. 15006 (May 2, 2025). DHS
Delegation No. 15006 provides the Director of USCIS with the authority
to order expedited removal under 8 U.S.C. 1225, 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. Further, DHS Delegation No.
15006, upon redelegation by the USCIS Director, bolsters USCIS's
existing authority to investigate alleged civil and criminal violations
of the immigration laws by delegating necessary law enforcement
authorities within the jurisdiction of USCIS, including but not limited
to issuance and execution of warrants, and making recommendations for
prosecutions or other appropriate action when advisable.
These additional authorities are provided to enhance DHS resources
that may be employed to execute the administration's critical work to
enforce immigration laws. DHS is now codifying certain provisions of
DHS Delegation No. 15006 described in this final rule to provide notice
to the public of these organizational changes that bring USCIS in line
with other DHS components engaged in the enforcement of immigration
laws. The changes are published as a final rule and will take effect 30
days post publication. Upon publication of this final rule, USCIS
internal policies and MOAs, such as that with ICE, will be updated to
reflect the recent delegations of law enforcement authority to the
Director of USCIS.
II. Discussion of This Final Rule
A. Purpose of the Regulatory Action
On May 2, 2025, the Secretary delegated authorities to the USCIS
Director to take additional actions to investigate and enforce civil
and criminal violations of the immigration laws. See DHS Delegation No.
15006. The authority delegated by the Secretary includes standard law
enforcement authorities commensurate with other federal law enforcement
personnel, including but not limited to the ability to arrest persons
for crimes committed in the presence of the law enforcement officer or
for felonies. The purpose of this rule is to codify specific
authorities delegated by the Secretary to the Director of USCIS. DHS is
amending 8 CFR part 287 to reflect this enhancement to the authorities
delegated to the Director of USCIS.
This rule will allow the Director of USCIS to more thoroughly
fulfill USCIS' national security, public safety, and fraud missions for
cases within its jurisdiction. Allowing USCIS to take law enforcement
actions on cases identified in the USCIS adjudicatory process will
increase national security, public safety, and the integrity of the
United States' immigration system.
B. Legal Authority
The authority for the Secretary to issue this final rule is found
in section 103(a) of the INA, 8 U.S.C. 1103(a), which authorizes the
Secretary to administer and enforce the immigration and nationality
laws, establish such regulations and perform such other acts as the
Secretary deems necessary for carrying out such authority, and require
or authorize any DHS employee to exercise any of the powers,
privileges, or duties conferred upon DHS under the immigration laws. In
addition, section 102 of the HSA, 6 U.S.C. 112, vests all of the
functions of DHS in the Secretary and authorizes the Secretary to issue
regulations.\18\ Specifically, section 102(a)(3) of the HSA, 6 U.S.C.
112(a)(3), states that all functions of all officers, employees, and
organizational units are vested in the Secretary, and section 102(b)(1)
of the HSA, 6 U.S.C 112(b)(1), states that the Secretary may delegate
any of the Secretary's functions to any officer, employee, or
organizational unit of DHS. Originally, on June 5, 2003, the Secretary
exercised his authority to delegate certain immigration
responsibilities to the Bureau of Citizenship and Immigration Services,
now USCIS. See DHS Delegation No. 0150.1. Most recently, on May 2,
2025, the Secretary exercised her authority and delegated to the USCIS
Director the authority to perform specific law enforcement functions
which will allow USCIS to take additional actions to enforce civil and
criminal violations of the immigration laws. See DHS Delegation No.
15006.
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\18\ Although several provisions of the INA discussed in this
final rule refer exclusively to the ``Attorney General,'' such
provisions are now to be read as referring to the Secretary of
Homeland Security by operation of the HSA. See 6 U.S.C. 202(3), 251,
271(b), 542 note, 557; 8 U.S.C. 1103(a)(1) and (g), 1551 note;
Nielsen v. Preap, 586 U.S. 392, 397 n.2 (2019).
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C. Summary of the Major Provisions of the Regulatory Action
The law enforcement authorities delegated to the Director of USCIS
include, but are not limited to, the authority to investigate alleged
civil and criminal violations of the immigration laws within the
jurisdiction of USCIS, issue and execute both search and arrest
warrants, detain and remove aliens, and make recommendations for
prosecutions or other appropriate action when deemed advisable. To
reflect the new authority delegated to the Director of USCIS, this
final rule amends the following regulations to codify USCIS law
enforcement authorities commensurate with those authorities previously
only delegated to ICE and CBP regarding the enforcement of immigration
laws. This is in addition to the Director of USCIS' current regulatory
authority to designate individuals or a class of individuals to arrest
aliens for immigration violations or immigration related felonies,
issue immigration detainers, and inspect aliens seeking admission to
the United States. See 8 CFR 287.5(c)(1)(viii), 287.5(d)(8), 287.7.
This rule expands upon these existing law enforcement related powers to
include:
i. Definition of Law Enforcement or Other Official (See 8 CFR 287.1(e)
and (g) as Amended)
DHS is adding language to the definition of ``law enforcement
official (or other official)'' to include a delegation by the Secretary
regarding the administration of criminal justice. This change is
intended for clarity and is already permitted by statute. DHS is also
adding language to specify that the Director of USCIS, like the
Commissioner of CBP and Assistant Director of ICE, may determine what
is considered ``substantially equivalent'' to basic immigration law
enforcement training.
ii. Disposition of Criminal Cases (See 8 CFR 287.2 as Amended)
DHS is adding ``supervisory law enforcement official(s) designated
by the Director of USCIS'' to the list of positions that may initiate
an investigation into a violation of the criminal provisions of the
INA.
iii. Arrests of Persons Under INA Sec. 287(a)(5)(A) or Any Offense
Committed in the Presence of an Officer (See 8 CFR 287.5(c)(3)(vii) as
Amended)
DHS is adding the Director of USCIS as a position that may
designate individuals or a class of individuals as having the authority
to arrest persons for crimes committed in the presence of the
designated officer. This is standard for federal immigration law
enforcement.
[[Page 42801]]
iv. Arrests of Persons Under INA Sec. 287(a)(5)(B) for any Felony
While Performing Duties (See 8 CFR 287.5(c)(4)(ii)(G), 287.5(c)(4)(iii)
as Amended)
DHS is adding the Director of USCIS as a position that may
designate individuals or a class of individuals as having the authority
to arrest persons for any felony, if the officer is performing
immigration enforcement duties at the time of the arrest and if there
is a likelihood of the person escaping before an arrest warrant can be
obtained. This authority is standard for most federal immigration law
enforcement. DHS is also adding language to specify that the Director
of USCIS, like the Commissioner of CBP and Director of ICE, may revoke
the certification provided to officers following successful completion
of the required training course that allows officers to make arrests
for any felonies committed while the immigration officer is performing
duties related to immigration enforcement with just cause.
v. Arrests of Persons for Facilitating Unlawful Entry of Aliens Into
the United States (See 8 CFR 287.5(c)(5)(ii)(G) as Amended)
DHS is adding the Director of USCIS as a position that may
designate individuals or a class of individuals as having the authority
to arrest persons who bring in, induce, transport, or harbor certain
aliens for the purposes of unlawfully entering the United States.
vi. Power and Authority To Execute Search Warrants and Service of
Arrest Warrants (See 8 CFR 287.5(e)(1)(viii), (e)(3)(viii),
(e)(4)(viii) as Amended)
DHS is adding the Director of USCIS as a position that may
designate individuals or a class of individuals as having the authority
to execute search warrants, as well as service of arrest warrants for
immigration and non-immigration violations. This authority is standard
for federal immigration law enforcement.
vii. Carrying Firearms (See 8 CFR 287.5(f)(8) as Amended)
DHS is adding the Director of USCIS as a position that may
designate individuals or a class of individuals as having the authority
to carry firearms, provided these individual(s) receive appropriate
training and maintain proficiency. This authority is standard for
federal immigration law enforcement officials.
viii. Standards for Law Enforcement Activities (See 8 CFR
287.8(a)(1)(iv)(H); (a)(2)(iii)(H); and (e)(2)(v) as Amended).
DHS is adding the Director of USCIS as a position that will grant
individuals or a class of individuals the authority to use non-deadly
force, deadly force (in situations where the designated immigration
officer or other persons are in danger), and initiate a vehicular
pursuit to apprehend fleeing suspects who are attempting to avoid
apprehension.
ix. Criminal Search Warrant and Firearms Policies (See 8 CFR 287.9(a)
and (b) as Amended)
DHS is adding language requiring the Director of USCIS to provide
guidance regarding officers' conduct relating to search, seizure, and
firearms. Designated USCIS personnel will be authorized certain law
enforcement authorities as delegated by the Secretary through the
Director of USCIS. Historically these authorities were granted to CBP
and ICE under the HSA and each agency has codified the required
requisite training necessary to grant their law enforcement personnel
basic immigration law enforcement authority. Both CBP and ICE establish
in 8 CFR 287.1(g) that requisite training, as used in 8 CFR 287.5 and
287.8, is defined as the successful completion of a select list of
established CBP or ICE Immigration Officer, Border Patrol, Immigration
Detention Enforcement, or Special Agent academies or training courses
or any training substantially equivalent thereto. This rule grants the
Director of USCIS (in equivalent to the abilities to the Commissioner
of CBP and the Director of ICE) the authority to determine what
constitutes any training substantially equivalent to the codified basic
immigration law enforcement trainings noted under 8 CFR 287.1(g). The
Director of USCIS, in consultation with peer agencies CBP and ICE, will
establish a substantially equivalent training course/academy to ensure
USCIS designated law enforcement personnel successfully perform their
duties upholding the immigration laws of the United States.
Additionally, USCIS will establish ongoing training and continued
learning metrics to ensure that designated officers maintain the
necessary skills, stay updated on legal and procedural changes, and
improve officer safety.
x. Technical Edits and Edits for Clarity
DHS is making technical edits to update or remove outdated
organizational references. The rule amends 8 CFR 287.8(f)(1) to update
the legacy term ``Border and Transportation Security Directorate'' to
``Department of Homeland Security.'' See 8 CFR 287.8(f)(1) as amended.
III. Statutory and Regulatory Requirements
A. Administrative Procedure Act
Under the Administrative Procedure Act, the normal notice and
comment procedures do not apply to an action that is a rule of agency
organization, procedure, or practice. See 5 U.S.C. 553(b)(A). This
exception to notice and comment rule making is colloquial referred to
as the ``procedural exception.'' Am. Fed'n of Labor & Cong. of Indus.
Orgs. v. NLRB, 57 F.4th 1023, 1043 (D.C. Cir. 2023). In general, the
procedural exception is intended for ``internal house-keeping measures
organizing agency activities.'' Am. Hosp. Ass'n v. Bowen, 834 F.2d
1037, 1045 (D.C. Cir. 1987). The ``statutory exception for procedural
rules `was provided to ensure that agencies retain latitude in
organizing their internal operations.''' Nat'l Sec. Couns. v. CIA, 931
F. Supp. 2d 77, 106 (D.D.C. 2013) (quoting Batterton v. Marshall, 648
F.2d 694, 707 (D.C. Cir. 1980)). The changes made by this final rule to
8 CFR part 287 do nothing more than organize internal DHS operations
through the codification of an internal delegation of certain law
enforcement authorities by the Secretary of Homeland Security to a
component head, the Director of USCIS. This delegation is wholly
contained within the internal structure of DHS and aligns delegable
authorities with the current administration's priorities.
As this is a rule of agency organization, procedure, or practice,
DHS publishes it as a final rule in accordance with 5 U.S.C. 553(b)(A).
B. Executive Orders 12866 (Regulatory Planning and Review), 13563
(Improving Regulation and Regulatory Review), and 14192 (Unleashing
Prosperity Through Deregulation)
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 14192 (Unleashing
Prosperity Through Deregulation) directs agencies to significantly
reduce the private
[[Page 42802]]
expenditures required to comply with Federal regulations and provides
that ``any new incremental costs associated with new regulations shall,
to the extent permitted by law, be offset by the elimination of
existing costs associated with at least 10 prior regulations.''
This rulemaking is limited to agency organization, management or
personnel matters, and therefore is not a regulation or rule as defined
by section 2 of Executive Order 12866. Moreover, the Office of
Management and Budget has not designated this rule a ``significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
Additionally, this final rule is not an Executive Order 14192
regulatory action because it is being issued with respect to an
immigration-related function of the United States. The rule's primary
direct purpose is to implement or interpret the immigration laws of the
United States (as described in section 101(a)(17) of the INA, 8 U.S.C.
1101(a)(17)) or any other function performed by the U.S. Federal
Government with respect to aliens. See OMB Memorandum M-25-20,
``Guidance Implementing Section 3 of Executive Order 14192, titled
``Unleashing Prosperity Through Deregulation'' (Mar. 26, 2025).
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of
the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The RFA's regulatory flexibility analysis requirements apply only
to those rules for which an agency is required to publish a general
notice of proposed rulemaking pursuant to 5 U.S.C. 553 or any other
law. See 5 U.S.C. 604(a). DHS did not issue a notice of proposed
rulemaking for this action. Therefore, a regulatory flexibility
analysis is not required for this rule. Furthermore, the RFA's
regulatory flexibility analysis requirements apply only to small
entities subject to the requirements of the rule, of which there are
none.\19\ This rule is one of agency organization, procedure or
practice, because it codifies certain law enforcement authorities
delegated by the Secretary of Homeland Security to USCIS through the
Director of USCIS.
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\19\ See U.S. Small Business Administration, A Guide for
Government Agencies: How to Comply with the Regulatory Flexibility
Act at 9 (Aug. 2017), https://advocacy.sba.gov/wp-content/uploads/2019/07/How-to-Comply-with-the-RFA-WEB.pdf.
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D. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among
other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and Tribal governments. Title II of UMRA
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed rule, or final rule
for which the agency published a proposed rule, which includes any
Federal mandate that may result in a $100 million or more expenditure
(adjusted annually for inflation) in any one year by State, local, and
tribal governments, in the aggregate, or by the private sector.\20\ The
inflation adjusted value of $100 million in 1995 is approximately $206
million in 2024 based on the Consumer Price Index for All Urban
Consumers (CPI-U).\21\ This rule is exempt from the written statement
requirement, because DHS did not publish a notice of proposed
rulemaking for this rule. In addition, this final rule does not contain
a Federal mandate as the term is defined under UMRA.\22\ The
requirements of title II of UMRA, therefore, do not apply, and DHS has
not prepared a statement under UMRA.
---------------------------------------------------------------------------
\20\ See 2 U.S.C. 1532(a).
\21\ See BLS, ``Historical Consumer Price Index for All Urban
Consumers (CPI-U): U.S. city average, all items, by month,'' https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202412.pdf (last visited May 26, 2025).Calculation of inflation: (1)
Calculate the average monthly CPI-U for the reference year (1995)
and the current year (2024); (2) Subtract reference year CPI-U from
current year CPI-U; (3) Divide the difference of the reference year
CPI-U and current year CPI-U by the reference year CPI-U; and (4)
Multiply by 100=[(Average monthly CPI-U for 2024-Average monthly
CPI-U for 1995) / (Average monthly CPI-U for 1995)] x 100 =
[(313.689 - 152.383) / 152.383] = (161.306 / 152.383) = 1.059 x 100
= 105.86 percent = 106 percent (rounded). Calculation of inflation-
adjusted value: $100 million in 1995 dollars x 2.06 = $206 million
in 2024 dollars.
\22\ The term ``Federal mandate'' means a Federal
intergovernmental mandate or a Federal private sector mandate. See 2
U.S.C. 658(5) and (6) (defining a federal intergovernmental mandate
as, inter alia, a regulation that imposes an enforceable duty upon
State, local, or tribal governments, except for a duty arising from
participation in a voluntary Federal program); 2 U.S.C. 1502(1).
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E. Small Business Regulatory Enforcement Fairness Act of 1996
(Congressional Review Act)
This rule does not fall within the definition of ``rule'' as
defined by the Congressional Review Act (CRA), enacted as part of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) by
section 804 of SBREFA, Public Law 104-121, 110 Stat. 847-873. See 5
U.S.C. 804(3)(C) (defining the term ``rule'' to exclude ``any rule of
agency organization, procedure, or practice that does not substantially
affect the rights or obligations of non-agency parties''). DHS is
nonetheless submitting this rule to both houses of Congress and the
Comptroller General before the rule takes effect, as required by 5
U.S.C. 801(a)(1).
F. Executive Order 13132 (Federalism)
This rule does not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, Federalism, the Department of Homeland Security
has determined that this rule does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
G. Executive Order 12988 (Civil Justice Reform)
This rule was drafted and reviewed in accordance with Executive
Order 12988, Civil Justice Reform. This rule was written to provide a
clear legal standard for affected conduct and was reviewed carefully to
eliminate drafting errors and ambiguities, so as to minimize litigation
and undue burden on the Federal court system. DHS has determined that
this rule meets the applicable standards provided in section 3 of
Executive Order 12988.
H. Family Assessment
DHS has reviewed this rule in line with the requirements of section
654 of the Treasury General Appropriations Act, 1999, Public Law 105-
277, 112 Stat. 2681 (1998). DHS has systematically reviewed the
criteria specified in section 654(c)(1), by evaluating whether this
regulatory action: (1) impacts the stability or safety of the family,
particularly in terms of marital commitment; (2) impacts the authority
of parents in the education, nurture, and supervision of their
children; (3) helps the family perform its functions; (4) affects
disposable
[[Page 42803]]
income or poverty of families and children; (5) only financially
impacts families, if at all, to the extent such impacts are justified;
(6) may be carried out by State or local government or by the family;
or (7) establishes a policy concerning the relationship between the
behavior and personal responsibility of youth and the norms of society.
If the agency determines a regulation may negatively affect family
well-being, then the agency must provide an adequate rationale for its
implementation.
DHS has determined that the implementation of this regulation will
not negatively affect family well-being and will not have any impact on
the autonomy and integrity of the family as an institution.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it will not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
J. National Environmental Policy Act (NEPA)
DHS and its components analyze regulatory actions to determine
whether the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et
seq., applies and, if so, what degree of analysis is required. DHS
Directive 023-01 Rev. 01 ``Implementation of the National Environmental
Policy Act'' (Dir. 023-01 Rev. 01) and Instruction Manual 023-01-001-01
Rev. 01 (Instruction Manual) \23\ establish the policies and procedures
that DHS and its components use to comply with NEPA.
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\23\ The Instruction Manual contains DHS's procedures for
implementing NEPA and was issued November 6, 2014, https://www.dhs.gov/ocrso/eed/epb/nepa (last visited April 23, 2025).
---------------------------------------------------------------------------
NEPA allows Federal agencies to establish, in their NEPA
implementing procedures, categories of actions (``categorical
exclusions'') that experience has shown do not, individually or
cumulatively, have a significant effect on the human environment and,
therefore, do not require an environmental assessment or environmental
impact statement.\24\ The Instruction Manual, Appendix A lists the DHS
Categorical Exclusions.\25\
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\24\ See 42 U.S.C. 4336(a)(2), 4336e(1).
\25\ See Instruction Manual, Appendix A, Table 1.
---------------------------------------------------------------------------
Under DHS NEPA implementing procedures, for an action to be
categorically excluded, it must satisfy each of the following three
conditions: (1) The entire action clearly fits within one or more of
the categorical exclusions; (2) the action is not a piece of a larger
action; and (3) no extraordinary circumstances exist that create the
potential for a significant environmental effect.\26\
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\26\ Instruction Manual at V.B(2)(a) through (c).
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This rule is limited to amending DHS regulations to codify certain
law enforcement authorities delegated by the Secretary of Homeland
Security to USCIS through the Director of USCIS, which is a rule of
agency organization, procedure, and practice. DHS has reviewed this
rule and finds that no significant impact on the environment, or any
change in environmental effect will result from the amendments being
promulgated in this rule.
Accordingly, DHS finds that the promulgation of this rule's
amendments to current regulations clearly fits within categorical
exclusion A3 established in DHS's NEPA implementing procedures as an
administrative change with no change in environmental effect, is not
part of a larger Federal action, and does not present extraordinary
circumstances that create the potential for a significant environmental
effect.
K. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-12, all
agencies are required to submit to OMB, for review and approval, any
reporting requirements inherent in a rule. This rule does not impose
any reporting or recordkeeping requirements under the Paperwork
Reduction Act.
List of Subjects in 8 CFR Part 287
Immigration, Law enforcement officers.
Accordingly, DHS amends part 287 of chapter I of title 8 of the
Code of Federal Regulations as follows:
PART 287--FIELD OFFICERS; POWERS AND DUTIES
0
1. The authority citation for part 287 continues to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357;
Homeland Security Act of 2002, Pub. L. 107-296 (6 U.S.C. 1, et
seq.); 8 CFR part 2.
0
2. Section 287.1 is amended by revising paragraphs (e) and (g) to read
as follows:
Sec. 287.1 Definitions.
* * * * *
(e) Law enforcement or other official. The phrase law enforcement
official (or other official), as used in section 287(d) of the Act,
means an officer or employee of an agency engaged in the administration
of criminal justice pursuant to statute, executive order, or delegation
by the Secretary, including
(1) Courts;
(2) A government agency or component which performs the
administration of criminal justice as defined in 28 CFR part 20
including performance of any of the following activities: detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or rehabilitation
of accused persons or criminal offenders.
* * * * *
(g) Basic immigration law enforcement training. The phrase basic
immigration law enforcement training, as used in Sec. Sec. 287.5 and
287.8, means the successful completion of one of the following courses
of training provided at the Immigration Officer Academy or Border
Patrol Academy: Immigration Officer Basic Training Course after 1971;
Border Patrol Basic Training Course after 1950; Immigration Detention
Enforcement Officer Basic Training Course after 1977; and Immigration
Customs Enforcement Special Agent Training, after 2002; or training
substantially equivalent thereto as determined by the Commissioner of
CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS
with respect to personnel in their respective bureaus. The phrase basic
immigration law enforcement training also means the successful
completion of the Other than Permanent Full-Time (OTP) Immigration
Inspector Basic Training Course after 1991 in the case of individuals
who are OTP immigration inspectors. Conversion by OTP immigration to
any other status requires training applicable to that position.
* * * * *
0
3. Section 287.2 is revised to read as follows:
Sec. 287.2 Disposition of criminal cases.
Whenever a special agent in charge, port director, chief patrol
agent, or supervisory law enforcement official designated by the
Director of USCIS has reason to believe that there has been a violation
punishable under any criminal provision of the immigration and
nationality laws administered or enforced by the Department, he or she
shall immediately initiate an investigation to determine all the
pertinent facts and circumstances and
[[Page 42804]]
shall take such further action as he or she deems necessary. In no case
shall this investigation prejudice the right of an arrested person to
be taken without unnecessary delay before a United States magistrate
judge, a United States district judge, or, if necessary, a judicial
officer empowered in accordance with 18 U.S.C. 3041 to commit persons
charged with offenses against the laws of the United States.
0
4. Section 287.5 is amended by revising paragraphs (c)(3)(vii),
(c)(4)(ii)(G), (c)(4)(iii), (c)(5)(ii)(G), (e)(1)(viii), (e)(3)(viii),
(e)(4)(viii), and (f)(8) to read as follows:
Sec. 287.5 Exercise of power by immigration officers.
* * * * *
(c) * * *
(3) * * *
(vii) Immigration officers who need the authority to arrest persons
under section 287(a)(5)(A) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director of USCIS.
(4) * * *
(ii) * * *
(G) Immigration officers who need the authority to arrest persons
under section 287(a)(5)(B) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director of USCIS.
(iii) Notwithstanding the authorization and designation set forth
in paragraph (c)(4)(ii) of this section, no immigration officer is
authorized to make an arrest for any felony under the authority of
section 287(a)(5)(B) of the Act until such time as he or she has been
certified as successfully completing a training course encompassing
such arrests and the standards for enforcement activities are defined
in Sec. 287.8. Such certification will be valid for the duration of
the immigration officer's continuous employment, unless it is suspended
or revoked by the Commissioner of CBP, the Assistant Secretary/Director
of ICE, or the Director of USCIS, or their respective designees, for
just cause.
(5) * * *
(ii) * * *
(G) Immigration officers who need the authority to arrest persons
under section 274(a) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP, the Assistant Secretary/Director of
ICE, or the Director of USCIS.
* * * * *
(e) * * *
(1) * * *
(viii) Immigration officers who need the authority to execute
search warrants under section 287(a) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director of USCIS.
* * * * *
(3) * * *
(viii) Immigration officers who need the authority to execute
arrest warrants for immigration violations under section 287(a) of the
Act in order to effectively accomplish their individual missions and
who are designated, individually or as a class, by the Commissioner of
CBP, the Assistant Secretary/Director of ICE, or the Director of USCIS.
(4) * * *
(viii) Immigration officers who need the authority to execute
warrants of arrest for non-immigration violations under section 287(a)
of the Act in order to effectively accomplish their individual missions
and who are designated, individually or as a class, by the Commissioner
of CBP, the Assistant Secretary/Director of ICE, or the Director of
USCIS.
(f) * * *
(8) Immigration officers who need the authority to carry firearms
under section 287(a) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP, the Assistant Secretary/Director of
ICE, or the Director of USCIS.
0
5. Section 287.8 is amended by revising paragraphs (a)(1)(iv)(H),
(a)(2)(iii)(H), (e)(2)(v), and (f)(1) to read as follows:
Sec. 287.8 Standards for enforcement activities.
(a) * * *
(1) * * *
(iv) * * *
(H) Immigration officers who need the authority to use non-deadly
force under section 287(a) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director of USCIS.
(2) * * *
(iii) * * *
(H) Immigration officers who need the authority to use deadly force
under section 287(a) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP, the Assistant Secretary/Director of
ICE, or the Director of USCIS.
* * * * *
(e) * * *
(2) * * *
(v) Immigration officers who need the authority to initiate a
vehicular pursuit in order to effectively accomplish their individual
missions and who are designated, individually or as a class, by the
Commissioner of CBP, the Assistant Secretary/Director of ICE, or the
Director of USCIS.
(f) * * *
(1) Site inspections are Department of Homeland Security activities
undertaken to locate and identify aliens illegally in the United
States, or aliens engaged in unauthorized employment, at locations
where there is a reasonable suspicion, based on articulable facts, that
such aliens are present.
* * * * *
0
6. Section 287.9 is amended by revising paragraphs (a) and (b)
introductory text to read:
Sec. 287.9 Criminal search warrant and firearms policies.
(a) A search warrant should be obtained prior to conducting a
search in a criminal investigation unless a specific exception to the
warrant requirement is authorized by statute or recognized by the
courts. Such exceptions may include, for example, the consent of the
person to be searched, exigent circumstances, searches incident to a
lawful arrest, and border searches. The Commissioner of CBP, the
Assistant Secretary of ICE, and the Director of USCIS shall promulgate
guidelines governing officers' conduct relating to search and seizure.
(b) In using a firearm, an immigration officer shall adhere to the
standard of conduct set forth in Sec. 287.8(a)(2). An immigration
officer may carry only firearms (whether Department issued or
personally owned) that have been approved pursuant to guidelines
promulgated by the Commissioner of CBP, the Assistant Secretary of ICE,
and the Director of USCIS. These officials shall promulgate guidelines
with respect to:
* * * * *
Kristi Noem,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2025-16978 Filed 9-4-25; 8:45 am]
BILLING CODE 9111-97-P