USCIS to consider “anti-Americanism” in immigrant benefit requests

USCIS announced that it has updated its Policy Manual regarding the factors that an immigration officer can consider when exercising discretion on certain immigration benefit requests. These new factors include a noncitizen’s past requests for parole and “any involvement in anti-American or terrorist organizations” or “where evidence of antisemitic activity is present.”  USCIS states that the update is intended to provide “additional guidance in circumstances where an alien has endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group, including aliens who support or promote anti-American ideologies or activities, antisemitic terrorism and antisemitic terrorist organizations, or who promote antisemitic ideologies.” These updates are effective immediately. 

It is not clear what exactly is meant by “anti-American” or antisemitic activity, and specific guidance about how to interpret this has not yet been provided to adjudicators at USCIS. However, based on previous actions since the beginning of the second Trump Administration, it is likely that this move is intended to target noncitizens who have been exercising their First Amendment right to protest or to post commentary on social media platforms that the administration has deemed “antisemitic” or “supportive of a terrorist organization.” 

Read the USCIS policy alert here.