Green card, visa seekers risk rejection under 'anti-Americanism' test

Business Standard

18 hours ago

Immigrants applying for the right to live and work in the United States will now face scrutiny for 'anti-Americanism,' a new policy that critics warn could hand immigration officers too much discretion in rejecting applicants.
US Citizenship and Immigration Services (USCIS) announced on Tuesday that officers will examine whether applicants have 'endorsed, promoted, supported, or otherwise espoused' anti-American, terrorist or antisemitic views.
'America's benefits should not be given to those who despise the country and promote anti-American ideologies,' said Matthew Tragesser, a USCIS spokesman. 'Immigration benefits — including to live and work in the United States — remain a privilege, not a right.'
The agency has not defined what constitutes anti-Americanism, leaving uncertainty over how the rule will be applied.
How the new policy works
Elizabeth Jacobs, director of regulatory affairs and policy at the Centre for Immigration Studies, said the update makes the government's stance clearer but leaves room for individual judgment.
'The message is that the US and immigration agencies are going to be less tolerant of anti-Americanism or antisemitism when making immigration decisions,' said Jacobs. 'The agency cannot tell officers that they have to deny — just to consider it as a negative discretion.'
Concerns over vagueness
Critics fear the policy will blur the line between legitimate security concerns and personal opinion. Immigration lawyers argue that the term 'anti-Americanism' is undefined in immigration law.
'The term has no prior precedent in immigration law and its definition is entirely up to the Trump administration,' said Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, in a post on X. He added that the move echoed McCarthyism of the 1950s, when suspicion of communism led to widespread prosecutions.
Steven Brown, an immigration attorney in Houston, also wrote on X that so-called American values were 'a subjective standard not found in the INA.'
Wider immigration changes under Trump
The latest directive adds to a series of policy shifts under the Trump administration. These include the vetting of applicants' social media accounts and new scrutiny of those seeking naturalisation. Officers now assess applicants for 'good moral character,' considering not only the absence of misconduct but also evidence of positive contributions.
Jonathan Grode, managing partner of Green and Spiegel immigration law firm said the update fits with the administration's broader approach.
'This is what was elected. They're allowed to interpret the rules the way they want,' said Grode. 'The policy always to them is to shrink the strike zone. The law is still the same.'