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Business Standard
a day ago
- Politics
- Business Standard
Green card applicants via family face deportation risk under USCIS rule
If you're in the US without legal status and trying to get a green card through marriage or family, the process just became a lot riskier. From August 1, 2025, a new Trump-era policy gives US immigration officials more discretion to deny applications outright—and in some cases, place the applicant into deportation proceedings. Here's what the new guidance means for families applying through the I-130 process, which is the most common route for getting US permanent residency through a spouse, parent, sibling or child. What has changed in USCIS policy for family-based green card petitions? The US Citizenship and Immigration Services (USCIS) now allows officers to deny family-based petitions without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Until now, most applicants were given a chance to correct errors or submit missing documents. That's no longer guaranteed. 'We're hearing about more pro se applicants being denied and then issued Notices to Appear in immigration court,' said Deanna Benjamin, an immigration attorney with Boundless, a US-based immigration law firm. 'That's a major change from how these cases were handled in the past.' Can USCIS now place applicants into deportation proceedings? Yes. If someone without legal status in the US applies for a green card through a family member and gets denied, they could now receive a Notice to Appear (NTA)—a formal start to removal proceedings. This applies even if the person is already in the US and trying to legalise their status. According to the updated USCIS policy manual, 'a family-based petition accords no immigration status nor does it bar removal.' 'This is one of the most important avenues that people have to adjust to lawful permanent status in the United States,' Elora Mukherjee, director of the Immigrants' Rights Clinic at Columbia Law School told NBC. 'The new policy is very broad and seems to empower USCIS to begin removal proceedings for a green-card applicant at any point in the process.' Who is most at risk under this policy? Immigrants who are: 1. Already in the US without legal status 2. Trying to legalise through a US citizen or green card holder spouse or relative 3. Awaiting consular processing with a pending waiver application (Form I-601) 4. Have overstayed visas and are now out of status 5. Lost their lawful presence due to expired pathways like DACA or TPS Benjamin warned: 'Families applying on their own, especially those already in the US without status, are most at risk.' How many people are affected by this change? In the first six months of 2025 alone, nearly 520,000 I-130 family-based petitions were filed, according to USCIS. As of June, more than 2.4 million petitions were pending—1.9 million of those had already been in the queue for over six months. The policy change applies not just to new applications, but also to pending ones. Why is the Trump administration doing this? USCIS said, the new policy helps 'ensure integrity in the US immigration system through enhanced screening and vetting.' It said the agency would use the changes to detect and deter immigration fraud. 'Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident status,' USCIS said in an alert. 'USCIS must ensure that qualifying marriages and family relationships are genuine, verifiable, and compliant with all applicable laws.' Will this affect people who previously felt safe applying? Yes. Until now, families applying through I-130 did not expect to land in immigration court unless there was criminal history or a clear violation of law. 'No one expected to be put into immigration court during this process,' said Mukherjee. 'Even those doing everything right could now be afraid to apply.' What can applicants do to protect themselves? < Double-check all forms before submission < Ensure supporting documents are complete, especially proof of relationship < Consult a qualified attorney if there is any doubt < Avoid errors or omissions, even minor ones 'People can't afford mistakes anymore,' said Benjamin. 'If you're applying for a green card through a family member, your petition needs to be complete, accurate, and well-documented from the start. There might not be a second chance.'
NBC News
2 days ago
- Politics
- NBC News
Immigrants seeking green cards may be placed in removal proceedings, USCIS says
Immigrants seeking green cards through marriage could be vulnerable to deportation, according to a new Trump administration policy. Federal immigration authorities may begin removal proceedings for immigrants who lack legal status and apply to become residents through a spouse, according to new guidance issued by the U.S. Citizenship and Immigration Services (USCIS) on Monday. The policy, which went into effect immediately, also applies to immigrants who seek lawful permanent residency through other family members. Immigrants and the spouse or family who sponsor them 'should be aware that a family-based petition accords no immigration status nor does it bar removal,' the USCIS' policy manual said. USCIS said in a statement to NBC News that the change applies both to pending requests and those filed on or after Aug. 1. The policy broadly targets a major pathway for some immigrants seeking green cards, immigration policy and legal experts told NBC News. 'This is one of the most important avenues that people have to adjust to lawful permanent status in the United States,' Elora Mukherjee, director of the Immigrants' Rights Clinic at Columbia Law School, said. The new policy is very broad and seems to empower USCIS to begin removal proceedings for a green-card applicant 'at any point in the process,' she said, adding that wait times for a green card can vary greatly depending on multiple factors, including where the application was filed and the type of familial relationship the immigrant has in its application. Nearly 520,000 I-130 petitions, the first step in the process to obtain the U.S. residency through spouse or family, were filed by family members on behalf of immigrants in the first six months of 2025, according to an NBC News analysis of USCIS data. As of June, there were more than 2.4 million pending I-130 petitions, according to USCIS data. Of those, more than 1.9 million have been pending for more than six months, also per USCIS data. It is not clear how many of those seeking green cards include immigrants who lack lawful status or lost their status during the process. Mukherjee said that previously 'no one expected to be put into immigration court' during this process, unless there was a serious issue like violating criminal law, adding that the change could 'instill fear in immigrant families, even those who are doing everything right.' USCIS said in its statement that the new policy 'is dedicated to ensuring integrity in the U.S. immigration system through enhanced screening and vetting to deter, detect, and disrupt immigration fraud and threats to our national security and public safety.' The agency said in its statement that the policy manual updates 'increased benefit integrity and introduced screening and vetting opportunities by providing direction on adjudication and decision issues, including when USCIS requires an in-person interview.' 'Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine the immigration system in the United States. USCIS must ensure that qualifying marriages and family relationships are genuine, verifiable, and compliant with all applicable laws,' the agency said in an alert announcing the new policy and guidance on Monday. Julia Gelatt, associate director of the U.S. Immigration Policy Program at the Migration Policy Institute, said the policy change was in line with the administration's mass deportation agenda. 'We're seeing the Trump administration send a message in every way that it can to unauthorized immigrants that they should consider giving up their lives in the U.S. and returning to their home countries,' she said. The policy will not only affect immigrants who entered the country illegally and are now seeking green-card status as a means to remain, she said. In addition, people whose legal visas expire while they wait for a decision on green cards, Dreamers and hundreds of thousands of immigrants whose legal status is in jeopardy after the Trump administration moved to cancel temporary legal pathways under the Biden administration could also be affected. 'There are a lot of people who are losing status, and this is taking away one of the avenues that they might have had to be able to stay in the U.S.,' Gelatt said. Mukherjee said that, while it remains to be seen how aggressively the Trump administration will use this policy, if it were to be applied aggressively it will be 'a sea change in immigration enforcement and it will dissuade people who should be eligible to adjust to lawful permanent status from doing so.'
Yahoo
20-07-2025
- Politics
- Yahoo
'Families ripped apart': the impact of Trump's immigration crackdown on children
Elora Mukherjee, Director of the Immigrants' Rights Clinic at Columbia Law School, and Natasha Sarin Professor at Yale Law School, joined "The Weekend: Primetime" for a conversation about the Trump administration's targeting of migrant children. They touch on the long-term and traumatic impact on kids and the dangers behind the government's tactics. Solve the daily Crossword
The Independent
14-07-2025
- Politics
- The Independent
ICE detains six-year-old leukemia patient and his family — even though they've followed every immigration rule, lawyer says
A Honduran mother and her two young children — including a six-year-old leukemia patient — attended an immigration court hearing in Los Angeles on May 29, expecting to make their case for asylum in the United States. Instead, like hundreds of other immigrants who have attended hearings only to have their cases swiftly dismissed, federal agents arrested the family and placed them in removal proceedings. The woman and her two children were sent to an immigration detention center in rural Texas, roughly 1,300 miles from home. After more than a month in detention, the family was released July 2 following a lawsuit against Donald Trump's administration, in what is believed to be the first legal challenge against the arrests of children during controversial operations inside courthouses. The woman and her children are identified only by their initials in court documents. In detention, the children 'cried every night,' according to the family's attorney. The woman's six-year-old son also experienced bruising and bone pain, both symptoms of leukemia, and missed an appointment related to his cancer treatment. His sister barely ate. 'The Trump administration's policy of detaining people at courthouses who are doing everything right, who are entirely law-abiding, who are trying to fulfill all the requirements that the U.S. government asks of them — it violates our Constitution, it violates our federal laws,' Immigrants' Rights Clinic at Columbia Law School director Elora Mukherjee told Salon. 'It also violates our sense of morality,' she added. 'Why are we targeting hundreds, if not thousands, of people, including children, who are doing everything right?' Thousands of people who are following immigration law — showing up for court-ordered Immigration and Customs Enforcement check-ins, immigration court hearings and U.S. Customs and Immigration Services appointments — have become easy targets for arrests. The Trump administration has effectively 'de-legalized' tens of thousands of immigrants who were granted humanitarian protections to live and work in the U.S., as well as thousands of people who show up to immigration courts each week only to have their cases dismissed, with federal agents waiting to arrest them on the other side of the courtroom doors. The administration has directed immigration judges — who, unlike federal district judges, operate under the direction of the Department of Justice — to dismiss cases involving immigrants who have been in the country for less than two years, making it easier for ICE to rapidly remove them. Those actions have radically expanded a pool of 'undocumented' people to add to the president's demands for mass deportations. The six-year-old leukemia patient identified as N.M.Z. in court filings 'was seen regularly by medical personnel' at the facility, according to Homeland Security deputy secretary Tricia McLaughlin. He was living in Honduras when he was diagnosed at age 3 with acute lymphoblastic leukemia, a blood and bone marrow cancer. It is the most common form of cancer among children. In a post on X, Homeland Security called allegations of medical neglect 'flatly FALSE.' 'ICE ALWAYS prioritizes the health, safety, and well-being of all detainees in its care,' according to the post. 'Fortunately, the minor child in question has not undergone chemotherapy in over a year, and has been seen regularly by medical personnel since arriving at the Dilley facility.' The Honduran family legally entered the country in October 2024 using the Biden-era CBP One app that streamlined a legal process for immigrants to enter the U.S. After taking office, Trump's Homeland Security Department shut down the program and began terminating the legal status for tens of thousands of immigrants who used the app to legally enter. The administration began sending notices instructing them to leave the country 'immediately.' Roughly 985,000 people were seeking legal entry into the country before the president abruptly ended the program earlier this year. A lawsuit, filed in Texas district court, argues that the Honduran family's arrests violate their Fourth and Fifth Amendment rights. The family's release 'demonstrates the power we have when we fight back against harmful, un-American policies,' according to a statement from attorney Kate Gibson Kumar of the Texas Civil Rights Project, which also represented the family. 'The practice of courthouse arrests is a blatant disregard for those lawfully seeking safety through the government's own processes, and an even bigger disregard for our Constitution and the protections it provides, including due process,' she said. The South Texas Family Residential Center in Dilley was closed during the Biden administration and re-opened with Trump's aggressive mass deportation agenda, which is seeking to arrest 3,000 people a day while pumping billions of dollars into expanding capacity in federal detention centers. Nearly 60,000 people are currently being held in those facilities. The Dilley detention center has come under renewed scrutiny after the Trump administration signalled plans to 'terminate' a decades-old policy that sets the standard for humane treatment of immigrant children in government custody. If the government successfully revokes the rule, children in federal immigration custody will no longer be entitled to basic protections granted under the consent agreement — including adequate food, water, and clean clothes, regardless of whether they're detained with their parents or if they're alone.
The Herald Scotland
04-07-2025
- Health
- The Herald Scotland
Boy with leukemia held in immigration detention
Leukemia in children requires consistent treatment over a period of years to provide a good shot at long-term survival. That care would be disrupted, the family's lawyer says, if the family is sent back to Honduras. "This is a family that did everything right," Elora Mukherjee, a lawyer for the family and director of Columbia Law School's Immigrants' Rights Clinic, said. The family, who isn't identified in court records due to threats they face in Honduras, hasn't been accused of crimes anywhere, she said. "To subject this family -- with a 6-year-old who has a leukemia diagnosis -- to arrest and detention is illegal, unconstitutional and unconscionable." Arrested after case dismissed A DHS spokesperson said in a June 28 statement that most migrants who entered the country within the last two years, while Joe Biden was president, are subject to expedited removal. The Honduran family entered the United States in October through the CBP One App, which allowed migrants to apply for asylum screening interviews at the border, according to court filings. President Donald Trump's administration repurposed the app for migrants to leave the country. The family lived with the children's grandmother in the Los Angeles area, where they attended school and church, filings said. The boy, diagnosed with acute lymphoblastic leukemia at age 3, had, most recently, been undergoing two-and-a-half years of chemotherapy. He has about half a year of treatment left. Biden-era policies limited civil immigration enforcement in courthouses, among other sensitive locations. Soon after Trump took office, senior administration officials rescinded the policy, allowing agents to detain people, including family members, for civil immigration violations at courthouses. A May 27 Immigration and Customs Enforcement memorandum removed language about agents needing to abide by local or state laws, lawyers for the family said. Different approach: ICE agents deploy new tactic: arresting people as they leave mandatory court hearings Two days after the May 27 memo, the Honduran family attended a regular removal hearing at the Van Nuys Boulevard Immigration Court in Los Angeles. They were told to bring the entire family on May 29, said family lawyer Kate Gibson Kumar, of the legal advocacy organization Texas Civil Rights Project. At the hearing, government lawyers moved to dismiss removal proceedings against the family, which would have allowed them to stay in the United States until their case is resolved. Family lawyers said the mother pleaded not to have the case dismissed, but the immigration judge approved the motion. Immediately afterward, agents arrested them in the hallway outside. Dismissing then detaining Mukherjee, a Columbia Law professor, said DHS lawyers and immigration judges, who are part of the Justice Department's Executive Office for Immigration Review, have coordinated their efforts to remove migrants from the country. Since May, she said judges have quickly dismissed migrants' cases enabling ICE to detain them as they leave the courtroom or building. The advocacy group American Immigration Lawyers Association told the USA TODAY Network that its members have noticed some judges receive information beforehand from DHS lawyers about which deportation cases they plan to ask judges to dismiss. Immigration judges face repercussions for not cooperating, the association said. The family was held for hours in the courthouse and at an ICE processing center, Mukherjee said. While at the processing center for around 11 hours, the boy got scared when he saw an agent's gun. The boy apparently peed on himself, and then was required to sit in his wet clothing for hours. Officials later flew the family to Texas, where the three have been held for more than a month at the South Texas Family Residential Center. The privately run detention facility recently reopened after being closed during the Biden administration. Since arriving in Texas, the mother said her son has lost his appetite and looks pale. He bruises easily and suffers occasional bone pain. These are recognized symptoms of leukemia, lawyers said. Tricia McLaughlin, assistant secretary of public affairs at DHS, said the family chose to appeal their case, and will remain in ICE custody until the case is resolved. But through that time, the boy has received appropriate care. "The implication that ICE would deny a child the medical care they need is flatly FALSE, and it is an insult to the men and women of federal law enforcement," she said in a statement. In a letter submitted to the court, Dr. Pran Saha, a Columbia University professor of pediatrics, said the boy's medical records show he needs ongoing treatment with radiation and chemotherapy. Eduardo Cuevas is based in New York City. Reach him by email at emcuevas1@ or on Signal at emcuevas.01.
