US to screen immigration applicants for ‘anti-Americanism,' prompting criticism

India Today

19 hours ago

Immigrants applying for legal status to live and work in the United States will now be evaluated for signs of 'anti-Americanism,' US authorities announced Tuesday. The change has drawn criticism over concerns that immigration officers may use overly subjective criteria to deny applications.According to US Citizenship and Immigration Services (USCIS), officers will begin assessing whether applicants have 'endorsed, promoted, supported, or otherwise espoused' anti-American, antisemitic, or terrorist ideologies when considering immigration benefits such as green cards.advertisement'America's benefits should not be given to those who despise the country and promote anti-American ideologies,' USCIS spokesman Matthew Tragesser said in a statement. 'Immigration benefits—including to live and work in the United States—remain a privilege, not a right.'
The agency did not specify what exactly would qualify as anti-Americanism or how the policy would be implemented in practice.Elizabeth Jacobs, director of regulatory affairs and policy at the Center for Immigration Studies, which advocates for more restrictive immigration policies, said the move signals a lower tolerance for anti-American or antisemitic sentiments in immigration cases.'The message is that the US and immigration agencies are going to be less tolerant of anti-Americanism or antisemitism when making immigration decisions,' Jacobs said.She added that the agency is providing clearer direction on the types of behaviours to consider but emphasised that officers still retain discretion. 'The agency cannot tell officers that they have to deny — just to consider it as a negative discretion,' she said.CRITICS WARN OF BIAS, LEGAL RISKS IN NEW IMMIGRATION ASSESSMENTCritics argue the policy risks introducing personal bias into immigration decisions due to vague definitions of what constitutes anti-American views.'For me, the really big story is they are opening the door for stereotypes and prejudice and implicit bias to take the wheel in these decisions. That's really worrisome,' said Jane Lilly Lopez, associate professor of sociology at Brigham Young University.The directive follows other Trump-era immigration changes, including screening applicants' social media and a revised standard for assessing 'good moral character' in naturalisation cases. Under the new approach, applicants must demonstrate not just a lack of misconduct but also evidence of positive traits and contributions.'It means you are going to just do a whole lot more work to provide evidence that you meet our standards,' Lopez said.There is ongoing debate over whether the new policy infringes on constitutional rights, especially around freedom of speech for non-citizens. Jacobs argued that First Amendment protections do not apply to individuals outside the country or those who are not US citizens.However, Ruby Robinson, senior managing attorney at the Michigan Immigrant Rights Center, disagreed, asserting that constitutional rights, including the Bill of Rights, protect everyone in the US regardless of immigration status. 'A lot of this administration's activities infringe on constitutional rights and do need to be resolved, ultimately, in courts,' Robinson said.advertisementAttorneys have begun preparing clients for a stricter immigration environment.'People need to understand that we have a different system today and a lot more things that apply to US citizens are not going to apply to somebody who's trying to enter the United States,' said Jaime Diez, an immigration lawyer in Brownsville, Texas.Jonathan Grode, managing partner at Green and Spiegel immigration law firm, said the new guidelines align with the Trump administration's longstanding views on immigration.'This is what was elected. They're allowed to interpret the rules the way they want,' Grode said. 'The policy always to them is to shrink the strike zone. The law is still the same.'- EndsWith inputs from Associated Press