More details are forthcoming and legal challenges are likely, but here’s what you need to know about the new federal guidelines.
Federal immigration officials are reexamining green cards issued to people from 19 countries deemed “high risk” at the direction of President Donald Trump.
The decision, announced by U.S. Citizenship and Immigration Services on November 27, comes in response to the fatal shooting of two National Guard soldiers by a suspected Afghan gunman.
“At the direction of @POTUS, I have directed a complete and rigorous review of all green cards for all aliens from all countries of concern,” USCIS Director Joseph Edlow said on X.
National Guard member shot in Washington DC identified
The National Guard soldiers shot and killed in Washington, D.C., have been identified as 20-year-old Sarah Beckstrom and 24-year-old Andrew Wolf.
USCIS said it has released new guidance on “negative country-specific factors” to consider when testing people from 19 countries.
In other words, governments could seek to strip green card holders of their legal status from those countries for reasons related to their country of origin rather than their personal conduct.
Andrew Selly, director of the Migration Policy Institute, said the agency’s guidance appears to be vague about how to make these decisions, except that Migration Policy Institute staff have expanded discretion.
Details will be announced and legal issues may arise, but here’s what you need to know about the guidance.
Which countries are included?
The new guidelines apply to migrants from Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.
These countries were previously listed in President Trump’s June 4 proclamation seeking to restrict entry of people from these countries.
The Trump administration had previously suspended the resettlement and travel of Afghan refugees on his first day in office, according to Department of Homeland Security Secretary of Public Affairs Tricia McLaughlin. She said in an
When does the policy go into effect?
This is effective immediately, according to a USCIS Policy Alert.
How is the Trump administration conducting this review?
The change now appears to more heavily consider people’s countries of origin to justify expulsion from the United States.
President Trump’s past declarations cited in the USCIS guidance included consideration of terrorist group activity, the proportion of nationalities who overstay their visas in the United States, and whether the country can issue secure identification documents.
Who is affected?
People from affected countries applying for permanent residence and people with existing green cards from 19 countries.
The USCIS policy alert states that it will consider “the relevant country-specific facts and circumstances.” This applies to people applying for certain adjustments of status, such as green cards, and for nonimmigrants (usually those in the country temporarily) applying for extension of stay or change of status.
What are the possible outcomes?
Authorities may try to deport someone.
USCIS says the changes will allow its officers to more accurately determine whether a person is a “threat to public safety and national security.”
But Selly said it will be difficult for the government to remove permanent residents unless authorities can prove to an immigration judge that they pose a national security threat. The administration sought to exclude pro-Palestinian student activists on these grounds, leading to a legal battle.
Courts have more freedom in deciding who gets legal status in the country in the first place, but tend to be stricter in stripping that status away.
This may indicate that people seeking permanent residency in the future may be more affected than those who already have green cards.
Will I face legal problems?
Almost certainly.
USCIS bases its policy on a provision of the Immigration and Nationality Act that authorizes the president to suspend or restrict by proclamation the entry of “all aliens, or aliens of any class, as immigrants or nonimmigrants,” into the United States if entry would harm the national interest.
The U.S. Immigration Council says the provision, while broad, does not give the president all powers. The Trump administration faced lawsuits during its first term for using the same provision to impose a “Muslim ban.” The ban was overturned before President Trump issued a third, narrower executive order, and the Supreme Court upheld it.
