Immigrants applying for legal status to live and work in the United States will now be assessed for indications of “anti-Americanism,” US authorities announced, which the Trump administration had already included in immigration since June.
Critics argue that this policy risks granting immigration officers too much discretion in making determinations, potentially leading to unfair rejections, according to the Associated Press.
The new criteria would apply to applications for benefits such as permanent residency and green cards, according to the US Citizenship and Immigration Services (USCIS).
Officers are instructed to assess whether an individual has “endorsed, promoted, supported, or otherwise espoused" anti-American, terrorist, or antisemitic views.
The applications will be screened based on 'any involvement in anti-American or terrorist organisations," by the immigration officers or search for there is any "evidence of antisemitic activity."
"America's benefits should not be given to those who despise the country and promote anti-American ideologies," said USCIS spokesperson Matthew Tragesser in a statement.
He added that the immigration agency was "committed to implementing policies and procedures that root out anti-Americanism and supporting the enforcement of rigorous screening and vetting measures to the fullest extent possible."
"Immigration benefits-including to live and work in the United States-remain a privilege, not a right," he added.
US authorities have not clearly defined the term "anti-Americanism," but have stated it encompasses support for “antisemitic terrorism, antisemitic terrorist organisations, and antisemitic ideologies.”
This ambiguity has raised concerns among immigration attorneys and advocacy groups, who argue that the vague criteria may allow immigration officers to make subjective and potentially biased decisions.
Officials cited a section of the 1952 Immigration and Nationality Act (INA) to illustrate what may be considered "anti-American" beliefs.
The act prohibits individuals associated with certain groups, including Communist parties, proponents of world communism, or those advocating the violent overthrow of the US government, from becoming naturalized citizens.
Elizabeth Jacobs, director of regulatory affairs at the Center for Immigration Studies, said the shift suggests a tougher stance against ideologies perceived as hostile to the United States.
“The agency cannot tell officers that they have to deny, just to consider it as a negative discretion,” Jacobs told the Associated Press.
The decision has drawn criticism, with opponents warning it could allow personal biases to influence outcomes. One immigration rights advocate, quoted by AP, said, “It could mean two officers look at the same case and reach very different conclusions about what counts as ‘anti-American’."
The latest crackdown on immigration regulations by the Trump administration is likely to deter immigrants and international students from coming to the US.
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