The Trump administration has directed government officials to probe any “anti-American” views and activities of immigrants applying for immigration benefits like green cards and work permits, further expanding the grounds that can be cited to deny those applications.
The policy unveiled on Tuesday by the U.S. Citizenship and Immigration Services is the latest front in a broader Trump administration effort to restrict access to legal immigration benefits, including by broadening the levels of scrutiny and vetting to which applicants are subjected.
The guidance issued this week directs officials at USCIS to determine whether applicants for certain immigration benefits have “endorsed, promoted, supported, or otherwise espoused anti-American views or the views of a terrorist organization or group,” including on social media. USCIS said those groups could include organizations that espouse or promote antisemitic views and terrorism.
If officials find applicants have any ties to these groups or share their views, the directive instructs the officials to consider that an “overwhelmingly negative factor” justifying the denial of an application.
The policy will affect requests for immigration benefits that are discretionary, meaning that USCIS can deny them even if applicants meet the qualifications outlined in U.S. law. Those cases include many applications for permanent U.S. residency (also known as a green card), work permits and status changes for foreign students.
While it wasn’t immediately clear how expansively USCIS will define “anti-American” views and activities, the agency said it would make the determination based on a provision of U.S. immigration law that bans immigrants from becoming U.S. citizens if it is found that they advocate for world communism, totalitarianism, violence against officials or the overthrow of the U.S. government.
The guidance issued Tuesday also orders USCIS officials to probe whether applicants improperly used an immigration policy known as parole to enter the U.S. In the immigration context, parole allows for the arrival of immigrants who are otherwise ineligible to enter the U.S. It was used by the Biden administration on an unprecedented scale, mainly to ease pressure at the U.S.-Mexico border by offering migrants a legal way to enter the country.
USCIS said it would look into whether applicants’ parole applications contained “false or fraudulent” information.
Matthew Tragesser, USCIS’ top spokesperson, said Tuesday’s memo underscored that U.S. immigration benefits should not be granted to people who “despise the country.”
“U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that root out anti-Americanism and supporting the enforcement of rigorous screening and vetting measures to the fullest extent possible,” Tragesser added.
Stephen Yale-Loehr, an expert in U.S. immigration law, expressed concerns about how USCIS would implement its latest guidance, calling the language in it “very subjective.”
“This memo gives USCIS adjudicators even more reasons than before to deny a petition on discretionary grounds,” Yale-Loehr said.
While President Trump has made cracking down on illegal immigration central to his second-term agenda, his administration has also tightened access to the legal immigration system.
Last week, USCIS said it would expand a “good moral character” assessment in the U.S. citizenship process. That requirement was historically satisfied when applicants lacked serious criminal histories or disqualifying conduct on their record. But now, officials have been instructed to weigh different positive factors, like applicants’ involvement in the community, and negative factors, like repeat traffic infractions, to determine whether someone has good moral character.
The Trump administration also previously announced measures to more aggressively screen those applying for a U.S. immigration status, including by placing a greater emphasis on the social media activity of applicants.
