DHS publishes final rule (90 FR 42797) codifying USCIS law-enforcement authorities in 8 CFR Part 287 without notice and comment; warrants, arrests and firearms, effective Oct. 6, 2025

On Sept. 5, 2025 (Federal Register publication date; signed by Secretary Kristi Noem, filed Sept. 4), DHS published a final rule, “Codification of Certain U.S. Citizenship and Immigration Services Law Enforcement Authorities,” 90 FR 42797-42804, amending 8 CFR Part 287 (CIS No. 2827-25; DHS Docket No. USCIS-2025-0106; RIN 1615-AD03). The rule took effect Oct. 6, 2025 (effective date, 31 days after publication).

What it does. The rule writes into regulation the authorities Secretary Noem delegated to the USCIS Director in DHS Delegation No. 15006 (May 2, 2025), which the rule says expands on Delegation 0150.1 (2003), a delegation that had barred USCIS from issuing or executing warrants. Mechanically, it adds “the Director of USCIS” alongside CBP and ICE heads in 8 CFR 287 provisions on designating individuals or classes of individuals to: make arrests for offenses in an officer’s presence and for felonies (287.5(c)), arrest for facilitating unlawful entry, execute search warrants and serve arrest warrants for immigration and non-immigration violations (287.5(e)), and carry firearms with training (287.5(f)(8)). It also adds USCIS to use-of-force standards (287.8) and criminal search warrant and firearms policy (287.9), and lets designated USCIS supervisory law-enforcement officials initiate criminal-INA investigations (287.2).

What it does not do. The rule authorizes the USCIS Director to designate personnel; it does not itself state how many USCIS staff will be armed or deputized, nor name offices. The 2017/2023 FDNS and Office of Security and Integrity delegations it cites show the earlier narrower baseline.

Procedural posture. Published as a final rule with no prior notice-and-comment, under the 5 U.S.C. 553(b)(A) exception for rules of “agency organization, procedure, or practice”; DHS characterizes it as codifying an internal delegation. The rule was not designated “significant” under EO 12866.

Premise check. The Eyes on ICE (Tier 3) account in the capture lead gave Oct. 6, 2025 as the date and described the rule as authorizing USCIS personnel to carry firearms, execute warrants and make criminal arrests. The effective date and the three authority categories are confirmed at the Federal Register; the publication date (Sept. 5) is distinct and was omitted from that account.

Related: 2025-04-09–uscis-social-media-policy, 2025-10-28–palantir-uscis-vows-marriage-fraud-platform.