The U.S. immigration system is entering a new phase of enforcement and restructuring. Recent policy shifts have empowered U.S. Citizenship and Immigration Services (USCIS) with law enforcement authority, while hundreds of military lawyers are being deployed as temporary immigration judges. Together, these moves could reshape how immigration cases are investigated, prosecuted, and decided.
For immigrants, employers, and attorneys navigating the process, these changes raise critical questions about fairness, due process, and the role of immigration agencies in the years ahead.
USCIS to Employ Armed Special Agents
In a move that marks a sharp departure from USCIS’s traditional mission, the Department of Homeland Security (DHS) has authorized the creation of a new special agents division within USCIS. These agents will carry firearms, conduct investigations, and have powers of arrest.
Historically, USCIS functioned as a benefit-granting agency — responsible for processing applications like green cards, citizenship, and work permits. Enforcement was handled by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). By equipping USCIS with enforcement powers, the lines between service and policing are being blurred.
Supporters argue this change will help combat immigration fraud, marriage scams, and document falsification. Critics, however, warn that it could intimidate genuine applicants, leading to fear of interacting with USCIS and possibly deterring lawful immigrants from pursuing benefits.
This development also raises questions about potential overlaps with ICE’s Homeland Security Investigations (HSI), which already investigates many of the same issues. The duplication of roles could cause confusion or even conflict among agencies.
Military Lawyers to Serve as Immigration Judges
Another major policy shift involves the appointment of up to 600 military lawyers to act as temporary immigration judges. This is expected to nearly double the current capacity of the immigration court system, which faces a staggering backlog of over 3.5 million pending cases.
The administration argues that military legal officers are well-trained and capable of handling these cases, especially given their experience in courts-martial and military justice. Proponents also suggest this move will accelerate deportations and asylum decisions.
However, immigrant advocacy groups have raised concerns about judicial independence. Unlike civilian immigration judges appointed under the Department of Justice, military lawyers may lack the necessary experience in immigration law and could be more susceptible to political pressure.
This step reflects a broader shift toward “fast-track” adjudication, where efficiency is prioritized over individual case scrutiny. For immigrants seeking protection or relief, the consequences could be life-changing.
Potential Impact on Immigrants and the Legal Process
The dual changes — armed USCIS agents and military judges — highlight the administration’s focus on enforcement and deterrence rather than service and integration. Immigrants may now face a system where the same agency processing their applications could also investigate them criminally.
Applicants for family-based petitions, employment visas, or asylum could experience heightened scrutiny, delays, or denials. Employers sponsoring foreign workers may also be subject to more frequent compliance audits and investigations.
Lawyers caution that due process may suffer if judges lack proper immigration training or if applicants fear disclosing information to USCIS. On the other hand, faster adjudication may benefit some individuals who have been waiting years in backlog.
These changes also send a strong message internationally, affecting how the U.S. is viewed by migrants, students, and investors considering relocation.
Conclusion
The expansion of USCIS’s enforcement powers and the use of military lawyers in immigration courts mark a significant restructuring of the U.S. immigration system. While intended to strengthen fraud prevention and reduce case backlogs, these measures raise concerns about fairness, independence, and access to justice.
For immigrants and employers, staying informed and prepared is more important than ever. As policies evolve, it remains to be seen whether these changes will build a stronger system — or one that undermines trust in the very institutions meant to serve.