In evaluating immigration applications, U.S. Citizenship and Immigration Services (USCIS) officers will consider any “anti-American” messages or actions to discretionarily determine whether an immigrant deserves approval.
This includes: 1) previous applications for foreign parole, 2) any involvement in anti-American or terrorist organizations, and 3) as well as evidence of antisemitic activity.
“U.S. benefits should not be granted to those who despise the country and promote anti-American ideologies,” stated USCIS spokesperson Matthew Tragesser.
He added that the agency aims to implement “policies and procedures that eradicate anti-Americanism.” However, the description remains very general, and the discretionary decision rests with the officers reviewing the cases.
“Immigration benefits, including living and working in the United States, remain a privilege, not a right,” Tragesser added.
The immigration office indicated that it expanded the types of benefits subject to verification on social media. But they will also be subject to “anti-American activity reviews.”
“Anti-American activity will be an overwhelmingly negative factor in any discretionary analysis,” the agency states.
Immigration officers must follow the new Policy Manual.
“[It will be assessed whether] a foreign national has endorsed, promoted, supported, or otherwise adopted the views of a terrorist organization or group. Including foreign nationals who support or promote anti-American ideologies or activities, antisemitic terrorism and antisemitic terrorist organizations, or who promote antisemitic ideologies,” the memo states.
This policy on antisemitic messages had already been established by USCIS but is now being expanded.
“When conducting a discretionary analysis, USCIS officers will consider whether a foreign national’s application for admission or temporary stay was filed in accordance with all applicable laws, regulations, and policies in effect at that time,” it states.
In addition to temporary stays—under various visa types—applications for EB-5 investor visas will be evaluated for “cases involving threats to the national interest, fraud, deception, misrepresentation, and criminal misuse.”
The guidance will apply immediately, both to cases already under review and those submitted after the rules are published.
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