United States Marshals Service
The United States Marshals Service (USMS) is the nation's oldest federal law enforcement agency, established in 1789 by the Judiciary Act. Operating as a bureau within the Department of Justice, the Marshals Service has a unique portfolio: protecting the federal judiciary, apprehending fugitives, transporting federal prisoners, executing federal court orders, managing the witness security program (WITSEC), and administering the DOJ asset forfeiture program.
Current Law (2026)
| Parameter | Value |
|---|---|
| Agency | U.S. Marshals Service (bureau within DOJ) |
| Head | Director (appointed by President, Senate-confirmed) |
| Structure | 94 districts (one per federal judicial district) + HQ divisions |
| U.S. Marshals | 94 (one per judicial district, appointed by President) |
| Fugitive apprehension | Primary federal agency for fugitive investigations |
| Witness Security (WITSEC) | ~19,000+ participants since 1971 |
| Judicial security | Protects ~2,700 federal judges and courthouse facilities |
| Asset forfeiture | Manages DOJ's seized and forfeited asset program |
Legal Authority
- 28 U.S.C. § 561 — United States Marshals Service (establishes the USMS as a bureau within DOJ under the authority of the Attorney General; headed by a Director appointed by the President with Senate confirmation)
- 28 U.S.C. § 562 — Vacancies (procedures when a U.S. Marshal position is vacant)
- 28 U.S.C. § 564 — Powers as sheriff (U.S. Marshals have the same powers as a sheriff in executing the laws of the United States within their respective districts)
- 28 U.S.C. § 566 — Powers and duties (Marshals shall execute all lawful writs, processes, and orders issued under the authority of the United States; make arrests; command assistance of bystanders or posse when necessary)
- 28 U.S.C. § 1921 — Marshal's fees (establishes the fee schedule for services performed by U.S. Marshals including service of process, execution of writs, and prisoner transportation)
How It Works
The Marshals Service performs several essential functions that keep the federal justice system operational. Unlike the FBI, DEA, or ATF — which investigate specific categories of crime — the USMS provides the operational infrastructure that makes federal law enforcement and federal courts function.
Judicial security is the USMS's most fundamental responsibility. Every federal courtroom, courthouse, and judge falls under the Marshals Service's protection. The agency assesses threats against approximately 2,700 federal judges, maintains courthouse security through the Court Security Officer program, and investigates threats and inappropriate communications directed at the judiciary. In an era of increasing threats against judges, this mission has expanded significantly.
Fugitive apprehension is the USMS's highest-profile operational mission. The agency operates the 15 Most Wanted Fugitives program and runs regional fugitive task forces that bring together federal, state, and local law enforcement to locate and arrest federal fugitives, as well as state and local fugitives through cooperative agreements. The USMS apprehends tens of thousands of fugitives annually — more than any other federal agency.
The Witness Security Program (WITSEC), established in 1971, provides protection, relocation, and new identities for witnesses whose testimony against organized crime, drug trafficking organizations, and other dangerous enterprises puts their lives at risk. The program has protected over 19,000 witnesses and family members with a remarkable safety record — no WITSEC participant who followed the program's rules has been harmed.
Prisoner operations encompass the transportation of federal prisoners between judicial proceedings, correctional facilities, and other locations. The USMS operates the Justice Prisoner and Alien Transportation System (JPATS) — the largest prisoner transport system in the world, including a fleet of aircraft.
The asset forfeiture program manages property seized and forfeited through federal criminal and civil proceedings. The USMS maintains, manages, and disposes of billions of dollars in seized assets — from real estate and vehicles to businesses and financial accounts. Net proceeds support law enforcement operations.
Each of the 94 federal judicial districts has a U.S. Marshal appointed by the President, making the Marshals Service one of the most geographically distributed federal agencies. Deputy U.S. Marshals and other staff carry out day-to-day operations under each Marshal's supervision.
How It Affects You
If you have a role in a federal court case — as a party, witness, juror, or attorney: The Marshals Service is responsible for the physical security of the proceeding. Deputies patrol the courthouse, screen entrants, maintain order in courtrooms, and escort defendants between holding areas and the courtroom. For jury trials in high-profile cases, the USMS may provide enhanced security for jurors. If you receive a federal court summons or subpoena, the USMS has authority to serve it (28 U.S.C. § 566 and 28 U.S.C. § 1921 set the fee schedule for process service — $65 per hour, per person served, plus mileage and expenses, paid by the requester or the government).
If you're a witness, expert, or attorney in a case who receives credible threats related to your participation: report immediately to the USMS Judicial Security Division through the court's security officer. The USMS investigates threats against federal court participants, and protective measures can be arranged — they range from enhanced courthouse security protocols to temporary personal protection to, in the most serious cases, WITSEC placement. Do not underreport threats to judicial security; the USMS tracks threat patterns and a single threat you report may connect to a pattern they're already investigating.
If you're a witness in a federal criminal case against organized crime, drug traffickers, or violent criminals: The Witness Security Program (WITSEC) — operated by the USMS under DOJ authorization — is the most comprehensive witness protection program in the world, with a 50-year record of protecting over 19,000 participants without a single WITSEC death for participants who followed the program's rules. WITSEC provides: relocation to a new geographic area, new identity documents (Social Security number, driver's license, employment history), housing assistance, living subsistence during the transition period, medical care, employment assistance, and, where necessary, ongoing security support.
WITSEC is not a right — it's a program that prosecutors recommend and DOJ approves based on: the significance of the testimony, the credible threat to the witness, and the witness's suitability (criminal history, family circumstances, cooperation level). The process begins with the prosecuting federal attorney submitting a WITSEC application on your behalf. If approved, you'll sign a Memorandum of Understanding specifying obligations (no contact with prior criminal associates, compliance with the program's rules, no public disclosure of WITSEC participation). WITSEC is most commonly available to witnesses against organized crime, cartels, and major drug trafficking organizations — domestic violence, white collar crime, and terrorism witnesses are evaluated case by case. If you believe you face serious risk for cooperating with federal investigators, ask your federal contact (FBI agent, AUSA) to evaluate WITSEC eligibility.
If you believe your property has been wrongfully seized or forfeited by the federal government: The USMS manages the DOJ Assets Forfeiture Fund and the physical custody of most seized assets (vehicles, real estate, financial accounts) pending legal proceedings. Your rights depend on whether the government pursued criminal forfeiture (property forfeited as part of a criminal conviction) or civil forfeiture (property seized without criminal charges, based on probable cause that the property is connected to criminal activity).
For civil forfeiture: the government must send you notice of the seizure within 60 days. You then have 35 days from the notice date to file a claim asserting your ownership interest — file with the seizing agency, not the court. Missing this deadline forfeits your right to contest the forfeiture in court. Once a valid claim is filed, the government must file a civil complaint in federal district court within 90 days, at which point you can contest the forfeiture in federal court. The standard of proof (preponderance of the evidence) is lower than criminal conviction. For most civil forfeitures below $500,000, you can request an administrative review before judicial proceedings — this is faster and cheaper than court. Contact the seizing agency's forfeiture coordinator directly to initiate administrative review.
The USMS also processes petitions for remission or mitigation — if you had an innocent owner interest in property or were not directly involved in the underlying conduct, you can petition the DOJ Assets Forfeiture Fund for return or reduction of the forfeiture. Submit petitions to the USMS Consolidated Asset Tracking System coordinator or the seizing agency. Given the complexity of federal forfeiture law, consult a civil asset forfeiture attorney early — the National Association of Criminal Defense Lawyers (nacdl.org) maintains a referral directory.
State Variations
The USMS is exclusively federal. However, it interacts extensively with state and local systems:
- State and local officers are deputized as Special Deputy U.S. Marshals for task force operations
- State court systems have their own marshal or sheriff functions for court security and process service
- State witness protection programs (where they exist) are generally far less comprehensive than federal WITSEC
- State and local agencies participate in USMS-led fugitive task forces under cooperative agreements
Implementing Regulations
- 28 CFR Part 0 (§§ 0.111–0.112) — DOJ delegation of authority to the U.S. Marshals covering fugitive apprehension, witness security, prisoner transport, asset forfeiture, and court security.
Pending Legislation
- HR 7490 — Add Indian Tribes to federal warrant/protection rules, Marshals help with tribal fugitives. Status: Introduced.
- S 3041 — Let Tribes request U.S. Marshals help, fold Tribal law into federal authorities. Status: Introduced.
- HR 3607 (Rep. Schiff, D-CA) — Shift U.S. Marshals into judicial branch, remake leadership. Status: Introduced.
- S 1873 (Sen. Booker, D-NJ) — Shift Marshals to judicial branch, expand protective duties. Status: Introduced.
Recent Developments
Threats against federal judges have increased significantly, driving investment in judicial security technology, threat assessment capabilities, and protective intelligence. The asset forfeiture program has faced reform pressure, with debates about civil forfeiture standards and due process protections. The Marshals Service has expanded its fugitive operations internationally through partnerships with Interpol and foreign law enforcement agencies. Cybersecurity of judicial systems has become an additional USMS responsibility as courts have digitized their operations.
- USMS and immigration enforcement surge (2025): The Trump administration's immigration enforcement surge dramatically expanded USMS operational tempo. The Marshals Service coordinated with ICE's ERO (Enforcement and Removal Operations) on large-scale deportation flight operations and assisted with courthouse arrest operations — a departure from prior policy limiting civil immigration arrests near courthouses. USMS also transported immigration detainees to military facilities at Guantánamo Bay and Fort Bliss, requiring new interagency coordination protocols.
- Judicial security crisis — judge and family threats: Threats against federal judges reached record levels in 2025, with USMS's judicial security division reporting a 40% increase in credible threats requiring protective response. The assassination attempt against a federal judge in 2023 (New Jersey) prompted USMS to expand home security assessments, install surveillance systems at judges' residences, and increase protective detail coverage for district court judges in high-profile cases. USMS's protective intelligence unit now monitors social media for judge-specific threats using AI screening tools.
- Asset forfeiture reform pressure: The USMS manages the DOJ Assets Forfeiture Fund (along with DEA, FBI, and ATF), which holds seized assets pending disposition. Reform advocates have intensified pressure on civil asset forfeiture standards — challenging forfeiture without criminal conviction as a due process violation. Several states have enacted conviction-requirement reforms; federal legislation (FAIR Act) has been introduced but not passed. USMS has improved forfeiture property management, selling seized assets more efficiently and reducing the backlog of pending dispositions.
- DOGE and USMS operational capacity: USMS was among the DOJ components subject to DOGE workforce review in 2025. Unlike some federal agencies where DOGE recommended significant cuts, USMS's law enforcement mission made deep cuts politically difficult. DOGE ultimately recommended administrative consolidation rather than front-line deputy marshal reductions. However, USMS's non-law-enforcement support functions — IT, finance, human resources — saw staffing reductions that affected court security and prisoner transport logistics.