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Federal officials are now being instructed to vet immigrants looking to legally live and work in the U.S. for “anti-American,” terrorist, or antisemitic views under new guidance.
The updated policy, part of President Donald Trump’s broader immigration clampdown, gives U.S. Citizenship and Immigration Services (USCIS) officers broad discretion to treat such views as “overwhelmingly negative factors” when deciding whether to approve green cards, visas or citizenship. The guidance took effect immediately and applies to both new and pending applications.
“America’s benefits should not be given to those who despise the country and promote anti-American ideologies,” Tragesser said.
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He added that USCIS is committed to implementing policies that root out anti-Americanism and strengthen vetting.
“Immigration benefits — including to live and work in the United States — remain a privilege, not a right.”
While the release offered no clear definition of “anti-Americanism,” USCIS referenced the Immigration and Nationality Act, which prohibits people linked to terrorism, antisemitism or “world communism” from gaining citizenship.
It noted that officers, when conducting a discretionary analysis, will weigh whether an applicant’s requests were made in line with existing laws and policies.
The change comes alongside a wave of new immigration measures in Trump’s second term, including expanded social media vetting and a tougher “good moral character” standard for naturalization.
USCIS said reviews of anti-American activity will now be folded into social media screenings.
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“The message is that the U.S. and immigration agencies are going to be less tolerant of anti-Americanism or antisemitism when making immigration decisions,” Elizabeth Jacobs, director of regulatory affairs and policy at the Center for Immigration Studies, a group that advocates for immigration restrictions, said on Tuesday.
Jacobs said the government is being more explicit in the kind of behaviors and practices officers should consider, but emphasized that discretion is still in place. “The agency cannot tell officers that they have to deny — just to consider it as a negative discretion,” she said.
But Ruby Robinson of the Michigan Immigrant Rights Center argued constitutional rights apply to all people in the U.S. regardless of status — and predicted legal challenges.
“A lot of this administration’s activities infringe on constitutional rights and do need to be resolved, ultimately, in courts,” Robinson added.
Critics like David J. Bier, the director of immigration policy at the libertarian Cato Institute, warned the policy could be wielded to silence dissent and punish political opponents.
“This is a new powerful weapon in President Trump’s arsenal against politically disfavored groups,” Bier told the Washington Post.
Jonathan Grode, managing partner of Green and Spiegel immigration law firm, said the policy fits Trump’s longstanding approach and that the administration is within its authority.
“This is what was elected. They’re allowed to interpret the rules the way they want,” Grode told the Washington Post. “The policy always to them is to shrink the strike zone. The law is still the same.”
The Associated Press contributed to this report.
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