CLIENT UPDATE: USCIS ANNOUNCES NEW POLICY FOCUSING ON ANTI-AMERICAN AND ANTISEMITIC BEHAVIOR IN IMMIGRATION DECISIONS
WHAT HAPPENED
USCIS has released a major policy update that affects how officers review immigration benefit applications. The new policy strengthens the use of discretion in immigration decisions and introduces additional review for applicants who have expressed support for anti-American or antisemitic ideologies or organizations.
This guidance applies immediately to all pending and future benefit requests.
1. WHAT THIS POLICY COVERS
According to USCIS, officers are now required to examine more closely whether applicants:
- Have previously requested parole or other immigration benefits in good faith
- Have followed immigration laws and procedures
- Have expressed support for anti-American or antisemitic groups, ideologies, or terrorism
- Have been involved with organizations known to promote violence or hate
If any of these factors are found, officers may consider them as strong negative evidence when deciding whether to approve a benefit request.
2. SOCIAL MEDIA VETTING EXPANDED
USCIS also announced it is expanding the types of applications that are subject to social media screening. This will now include reviews for anti-American content or behavior.
Posts, comments, or affiliations that show support for extremist groups or beliefs may be used as part of the decision-making process. This additional screening is intended to identify behavior that may pose a national security or public safety concern.
3. STATEMENT FROM USCIS
A spokesperson from USCIS stated that immigration benefits should not be given to individuals who oppose American values or promote anti-American beliefs. The agency emphasized that living and working in the United States is a privilege, not a right, and that strict screening is necessary to protect the country’s interests.
4. OTHER AREAS AFFECTED BY THIS POLICY
The update also includes changes for specific benefit categories, such as:
- EB-5 investor petitions
- Humanitarian parole requests
- Adjustment of status cases
- Other discretionary immigration benefits
In these cases, officers will now weigh any history of fraud, misrepresentation, criminal behavior, or national security threats more heavily. Applications that involve serious misconduct may be denied based on discretionary concerns, even if all other legal requirements are met.
SUMMARY
- USCIS is expanding how officers use discretion in deciding immigration cases
- Social media content that reflects anti-American or antisemitic beliefs may be reviewed and considered a serious negative factor
- The agency will focus more on whether applicants have followed the law and upheld U.S. values
- The changes apply to all applications filed on or after the announcement, as well as any cases still under review
WHAT CLIENTS SHOULD DO
If you are applying for any immigration benefit:
- Make sure your application is honest, complete, and clearly reflects your background and intentions
- Do not ignore any past involvement with controversial organizations or online activity
- Review your social media presence and online footprint with your attorney before submitting your case
- Be prepared to provide context if questioned about past behavior, comments, or affiliations
- If you have questions about whether something from your past could be seen as negative, discuss it with your attorney before you file
