Trump Admin Order Could Force Hundreds of Thousands of Foreigners to Leave the US
The Trump administration’s U.S. Citizenship and Immigration services (USCIS) has announced a regulatory change limiting “adjustment of status” for many green card applicants. USCIS says that, consistent with immigration law and immigration court decisions, people seeking to adjust status must generally go through consular processing outside the U.S. and return to their home country to apply, except in remarkable circumstances.
USCIS officials argue the policy will improve how the immigration system functions as intended, reduce deportations tied to people overstaying after denied residency requests, and make more efficient use of USCIS resources by shifting many cases to the State Department’s consular offices abroad. The administration also characterizes the change as a return to the original purpose of the process and notes that remaining in the U.S. has been discretionary rather than an inherent right.
Immigration lawyers quoted in the article warn that the policy’s effects are unclear and could perhaps impact a wide range of people with pending applications-including legal workers and individuals granted parole on humanitarian grounds (such as Afghans who assisted U.S. forces and Ukrainians who fled Russia’s invasion). One attorney also says the administration might potentially be misreading the law and expects legal challenges to succeed quickly.
The Trump administration has released a regulatory reform that could send thousands of green card applicants back to their home countries while their applications are considered.
Immigration lawyers said hundreds of thousands of people who have temporary work visas and are seeking green cards could be impacted, according to ABC.
U.S. Citizenship and Immigration Services announced the change in a news release on its website.
The release said that “consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country.”
“Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief,” the release said.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” agency representative Zach Kahler said in the news release.
“From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes,” he said.
Kahler said the change will reduce deportations.
“When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” he said.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” he said.
Kahler said the change will make better use of resources.
“Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities,” he said.
Kahler said the change is a return to the way the green card system was supposed to work.
“The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient,” he said.
A memo to staff noted that allowing those seeking a green card to remain in the U.S. has always been a matter of discretion and not an inherent right.
Exactly who will be affected and how remains to be seen as the new policy is implemented.
However, New York immigration lawyer Rosanna Berardi told ABC that it could potentially hit all foreigners in the country with pending applications for green cards — including legal workers and those granted parole in the U.S. on humanitarian grounds.
That means Afghans who worked with U.S. forces during the war in their country, or Ukrainians who fled Russia’s invasion of their homeland, could be at risk, she said.
Immigration attorney Todd Pomerleaus said he believed the Trump administration was misreading the Immigration and Nationality Act, according to ABC.
He also said he expects court challenges to the memo to succeed.
“You can’t, through a stroke of a pen, overturn a statute,” he said. “I think it’s illegal, and it’s going to get shut down in court very quickly.”
Advertise with The Western Journal and reach millions of highly engaged readers, while supporting our work. Advertise Today.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
