Immigrant applicants to be screened by the Trump administration for potential 'opposition to American values' and antisemitism.
The Trump administration has announced a significant update to its immigration policy, requiring U.S. Citizenship and Immigration Services (USCIS) officers to consider whether immigrants applying to live and work legally in the U.S. espouse "anti-American," terrorist, or antisemitic views during vetting.
Key details of this policy include:
- Screening for ideological views: USCIS officers are instructed to evaluate whether applicants have "endorsed, promoted, supported, or otherwise espoused" such views, which could negatively affect their eligibility for immigration benefits including visas, green cards, or naturalization. However, there is no explicit definition of "anti-Americanism," nor clear guidelines on when this standard is applied, leaving much discretion to immigration officers.
- Rationale: The official reasoning, as stated by a USCIS spokesperson, is that "America's benefits should not be given to those who despise the country and promote anti-American ideologies," emphasizing immigration benefits as a privilege, not a right.
- Reinstatement of "neighborhood checks": Alongside ideological vetting, the administration has reinstated a practice dormant since 1991, whereby USCIS conducts on-the-ground investigations—"neighborhood checks"—to interview neighbors, coworkers, and employers of citizenship applicants to assess qualities like good moral character and adherence to the U.S. Constitution. These investigations supplement FBI background checks and aim to confirm applicants' "well-disposed" status toward the United States.
- Policy background: The neighborhood checks align with a provision in section 335(a) of the Immigration and Nationality Act but had been routinely waived since 1991. Reintroducing them represents a significant shift towards more intrusive vetting.
- Concerns and critiques: Civil rights advocates and immigration experts worry this expanded vetting is subjective and could lead to arbitrary denials based on officers' personal judgments about what constitutes anti-American beliefs.
Notably, the changes will also affect H-1B visas and backlogs, potentially impacting a large number of tech workers and other professionals. Critics argue the policy could be used to silence dissent and punish political opponents.
In response to the policy, David J. Bier, the director of immigration policy at the libertarian Cato Institute, characterized the policy as a new weapon against politically disfavored groups. Ruby Robinson of the Michigan Immigrant Rights Center predicted potential legal challenges due to infringement on constitutional rights.
However, Jonathan Grode, managing partner of Green and Spiegel immigration law firm, supports the policy as it aligns with the administration's longstanding approach and believes the administration is within its authority.
The updated policy is part of President Donald Trump's broader immigration clampdown and comes alongside a wave of new immigration measures in Trump's second term. Protesters with the group Extinction Rebellion held a rally and march outside an immigration court, voicing their opposition to the policy.
The citizenship test is also expected to undergo changes, as per Director Joseph Edlow, who is currently leading USCIS. Reviews of anti-American activity will now be folded into social media screenings.
References:
- The Hill
- The Washington Post
- Politico
- CNN
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