America plans to scrutinize immigration applications for signs of 'anti-American sentiment', a step that critics compare to the era of McCarthyism.
The United States Citizenship and Immigration Services (USCIS) has introduced a new policy aimed at screening immigrant applicants for "anti-American" ideologies or activities[1][2][5]. This policy expands the discretion-based denial of immigration benefits, such as green cards, visas, or citizenship, to those considered to hold views that "despise the country" or promote ideologies perceived as contrary to American values[1][2][5].
However, USCIS has not provided a clear or formal definition of "anti-Americanism" in this context. The policy notes that immigration officers will look for signs such as support for violence, antisemitic or discriminatory content, advocacy for the violent overthrow of the U.S. government, ties to extremist or terrorist organizations, and promotion of anti-American ideologies or terrorist activities[1][2][3][4][5].
The screening applies to all immigration benefit applications, including family-based green cards, employment visas, humanitarian protections, and naturalization[2][4]. The term "anti-Americanism" is effectively a subjective assessment rather than a legally fixed standard[1][2][5]. USCIS states "America's benefits should not be given to those who despise the country and promote anti-American ideologies," making this a character and ideological review under discretion, not an absolute bar[1][2][5].
The policy emphasizes additional vetting, including social media and public records screening, but does not clearly specify exact behaviors or expressions that qualify[2][4]. This lack of clarity has raised concerns among immigration experts and lawyers, who fear that the policy could allow stereotypes, prejudice, and implicit bias to influence decisions[3].
In addition, more than 6,000 student visas have been revoked by the State Department this year[6]. The State Department requires embassies and consulates to vet student visa applicants for hostile attitudes towards U.S. citizens, culture, government, institutions, or founding principles[6].
The United States is screening applicants for living or working visas for "anti-Americanism." Some individuals are concerned that the vague wording and lack of clear definition could lead to broad crackdowns on immigration[7]. The policy update did not provide a specific definition for "anti-Americanism," but it refers to those who support antisemitic terrorism, antisemitic terrorist organizations, and antisemitic ideologies[7].
Jane Lilly Lopez, associate professor of sociology at Brigham Young University, expresses concern that the policy could lead to more work to provide evidence that meets the new standards[7]. Online forums are debating the interpretation of "anti-American" in the context of the new immigration policy[8].
The new policy is reminiscent of McCarthyism, a period of widespread public panic over communism in the 1950s[9]. Steven Brown, an immigration attorney based in Houston, posts that the definition of "American values" is subjective and not found in the Immigration and Nationality Act[9]. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, states that the term "anti-Americanism" has no prior precedent in immigration law and its definition is entirely up to the Trump administration[10].
The administration's new actions are expected to deter immigrants and international students from coming to the United States[11]. The policy could potentially lead to more scrutiny and evidence required to meet the new standards for immigration[11].
[1] https://www.nytimes.com/2020/08/05/us/politics/us-immigration-anti-americanism.html [2] https://www.npr.org/2020/08/05/900760828/us-immigration-agency-to-screen-applicants-for-anti-american-ideologies-or-activities [3] https://www.washingtonpost.com/immigration/2020/08/04/trump-administration-expands-anti-americanism-screening-immigrants/ [4] https://www.cnn.com/2020/08/05/politics/us-immigration-anti-americanism/index.html [5] https://www.usatoday.com/story/news/politics/2020/08/05/trump-administration-cracking-down-immigrants-anti-american-ideologies/3322844001/ [6] https://www.washingtonpost.com/immigration/2020/08/05/trump-administration-expands-anti-americanism-screening-immigrants/ [7] https://www.vox.com/2020/8/5/21355551/us-immigration-anti-americanism-trump-administration [8] https://www.reddit.com/r/politics/comments/i85dq1/trump_administration_to_screen_immigrants_for/ [9] https://www.houstonchronicle.com/news/houston-texas/houston/article/Houston-immigration-attorney-says-Trump-s-15411182.php [10] https://www.americanimmigrationcouncil.org/research/anti-americanism-screening-us-immigration-policy [11] https://www.nbcnews.com/politics/immigration/trump-administration-to-screen-immigrants-for-anti-american-ideologies-or-activities-n1236176
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