Federal Marshals: Deputizing Local Law Enforcement, What's The Deal?

The U.S. Marshals Service is the nation's oldest and most versatile federal law enforcement agency. In the past, marshals were permitted to deputize a posse of men to assist with fugitive capture and other law enforcement tasks. Today, the U.S. Marshals Service still has the power to deputize a wide range of people, including Justice Department employees, law enforcement officials, and employees of private security companies. This typically comes from the deputy attorney general and lasts for one year. While deputization can grant certain rights and protections of federal law enforcement agents, it can also be limited to specific assignments. This means that special deputies may only have certain rights in particular situations, events, and places.

Who are the US Marshals?

The United States Marshals Service (USMS) is the nation's oldest and most versatile federal law enforcement agency. It was established in 1789 with the passage of the Judiciary Act by Congress and is based in Arlington County, Virginia. The USMS is a bureau within the Department of Justice and its mission is to enforce federal laws and provide support to the federal justice system.

The USMS has a wide range of responsibilities, including:

• Apprehending criminals and fugitive offenders
• Providing security for federal court facilities, judges, and other court personnel
• Exercising custody of federal prisoners and providing for their transportation to correctional facilities
• Executing federal court orders
• Seizing assets gained by illegal means
• Providing protection for government witnesses and their families
• Collecting and disbursing funds
• Managing the distribution of proceeds and payments to victims of crime
• Providing protective security for cabinet-level officials
• Keeping order during protests and civil unrest

The USMS is led by a director, who is appointed by the President of the United States and reports to the Attorney General. The director is assisted by a deputy director, and together they oversee the activities of approximately 3,892 deputy U.S. marshals and criminal investigators, as well as administrative employees and detention enforcement officers.

The USMS has the power to deputize individuals at its own discretion, including law enforcement officials, Justice Department employees, and private security personnel. This process grants these individuals certain rights and protections of federal law enforcement agents, such as the authorization to carry weapons on federal grounds.

What does it mean to be deputized?

The term "deputize" refers to the act of appointing someone as a deputy or giving them the authority to act as one. In the context of law enforcement, deputization typically involves granting certain rights and protections of federal law enforcement agents to individuals who are not normally part of law enforcement. This could include employees of private security companies, Justice Department employees, or law enforcement officials from other jurisdictions.

The process of deputization can vary, but it generally involves a formal request or authorization from a higher authority, such as the deputy attorney general. For example, in the United States, the Marshals Service has the power to deputize individuals at its discretion, and the deputization typically lasts for one year.

Once deputized, individuals may be granted additional rights and protections, such as the authorization to carry weapons on federal grounds or the legal liability held by the Marshals Service in the event of any mishaps. It is important to note that the specific powers and responsibilities conferred through deputization can vary depending on the context and the authorizing authority.

An example of deputization is the case of Elon Musk's private security detail, which was deputized by the US Marshals Service. Prior to being deputized, members of Musk's security team were limited in their actions due to Musk not having a US Secret Service detail. However, after being deputized, they gained additional rights and protections typically afforded to federal law enforcement agents.

In summary, being deputized means being granted the authority to act as a deputy, which can involve taking on some of the powers, rights, and responsibilities typically associated with that role. The specific implications of deputization can vary depending on the context and the authorizing authority.

Can private citizens be deputized?

The US Marshals Service has the power to deputize a wide range of people at its own discretion, including Justice Department employees, law enforcement officials, and employees of private security companies. While the Marshals Service has the authority to deputize private citizens, such appointments must further federal law enforcement functions within the authority of the Marshals Service.

In certain circumstances, a law enforcement officer may temporarily "deputize" a private citizen to assist in a specific incident. For example, a sheriff responding to a bar fight could authorize a bystander to detain a suspect until the sheriff arrives. This practice is more common in rural and frontier areas, where police departments are smaller and often rely on mutual aid agreements with other law enforcement agencies.

It is important to note that the power to deputize someone varies depending on the situation. For instance, the authority to deputize someone to make an arrest may be different from the authority to deputize someone to kill a dying deer hit by a car.

While it is uncommon, there have been instances of the US Marshals Service deputizing private security details, such as for Dr. Anthony Fauci and Elon Musk. These deputizations typically come from the deputy attorney general and last for one year.

What are the benefits of deputization?

The Director of the United States Marshals Service has the authority to deputize selected persons to perform the functions of a Deputy U.S. Marshal. This includes federal, state, or local law enforcement officers, and employees of private security companies, in providing courtroom security for the Federal judiciary.

One of the benefits of deputization is that it allows local law enforcement officers to act as federal law enforcement officers, which is particularly important in fugitive apprehension activities and other non-drug task force activities. For example, the FBI has the authority to bestow special federal officer status on state and local law enforcement officers who assist in drug investigations. However, only the USMS can provide Title 18 special deputation to state and local officers participating in fugitive apprehension activities. This gives these officers the proper authority to function as federal officers, which they would otherwise lack.

Another benefit of deputization is the potential for savings in staff resources and time for organizations like the FBI and USMS. If the FBI had the authority to deputize its task force members without assistance from the USMS, it could also result in significant financial savings, estimated at a minimum of $50,400 annually.

The process of deputization also helps to ensure that local law enforcement officers are properly qualified and authorized to carry out specific functions, such as providing courtroom security or assisting in federal investigations. This is supported by centralized record-keeping systems, such as the Special Deputation File system maintained by the United States Marshals Service, which tracks and monitors special deputations.

Examples of deputization

The US Marshals Service has the power to deputize a wide range of people, including Justice Department employees, federal, state, and local law enforcement officials, and employees of private security companies. The Director of the Marshals Service is authorized to deputize individuals to perform the functions of Deputy Marshals.

Example 1: Elon Musk's Private Security Detail

In 2025, the US Marshals Service deputized members of Elon Musk's private security detail, granting them certain rights and protections typically afforded to federal law enforcement agents. This included the authorization to carry weapons on federal grounds and the legal liability protection for the Marshals Service in the event of any issues.

Example 2: Dr. Anthony Fauci's Security

The US Marshals Service deputized officers from the Department of Health and Human Services to serve as security for Dr. Anthony Fauci due to an increase in threats to his personal safety.

Example 3: National Guard Members for Inauguration Security

In 2021, the US Marshals Service deputized over 2,000 National Guard members to provide additional security during the presidential inauguration.

Example 4: Local Law Enforcement Officers

US Marshals can deputize local law enforcement officers to assist in their law enforcement missions or to provide courtroom security for the federal judiciary.

The process of deputization typically comes from the deputy attorney general and is valid for one year, according to a Justice Department manual.

Frequently asked questions