The Department of Homeland Security is applying President Trump’s America First policy to immigration benefits, announcing new rules Tuesday to instruct officers to look for “anti-American” behavior in migrants’ backgrounds before allowing them to upgrade their legal status.
Under the new policy, shared first with The Washington Times, espousing antisemitism, posting anti-American rhetoric or expressing common cause with terrorist organizations will now be considered an “overwhelmingly negative factor” when U.S. Citizenship and Immigration Services rules on an applicant’s case.
The agency said it is also expanding its rules to encourage officers to scour social media looking for anti-American activities.
And USCIS said it will also factor in migrants’ past use of Biden-era “parole” programs to enter the U.S. Officers are being told to look for irregularities in someone applying for parole before granting a petition.
Matthew Tragesser, spokesman for the agency, said the changes are part of a Trump administration effort to do more to screen those who seek to put down roots here.
“America’s benefits should not be given to those who despise the country and promote anti-American ideologies,” he said. “Immigration benefits — including to live and work in the United States — remain a privilege, not a right.”
USCIS is the part of the triad of Homeland Security agencies that handle immigration. Customs and Border Protection staffs the boundaries and ports of entry, while U.S. Immigration and Customs Enforcement handles deportations and interior arrests.
Under Mr. Trump and new Director Joseph Edlow, the agency is quickly moving to shift from a permissive approach during the Biden era, where the benefit of the doubt went to the migrant, to protective, where the interests of the migrant are balanced against those of the nation.
Tuesday’s changes apply in cases where officers have discretion in deciding applications.
The agency said that includes adjustment of status, where someone can apply for a green card from within the U.S., or Temporary Protected Status, where someone here illegally or on a short-term visa can apply for a deportation amnesty.
USCIS said it is directing officers to take into account instances where an applicant has promoted or espoused ideologies that are anti-American or antisemitic, or who support or endorse organizations that hold those views.
As for parole, the agency said officers are being asked to check whether someone followed all the relevant rules and laws when they applied for “parole.” The Biden administration used parole — a special exception to the regular immigration system — to allow millions of otherwise unauthorized migrants to enter and settle.
The new guidance is effective immediately and applies both to new applications and any that are currently pending.
Last week the agency issued another momentous policy change.
On Friday, USCIS ordered officers to heighten the standard for doling out citizenship. They were told to look for evidence an applicant had taken positive steps to put down roots, such as pursuing an education, holding a job, paying taxes and showing involvement with their communities.
“Going forward, USCIS officers must account for an alien’s positive attributes and not simply the absence of misconduct,” the update orders.
Taken together, the policies prod officers generally to set a higher standard of proof for those seeking legal benefits from the immigration agency.
They could also help bolster the administration in future legal battles, particularly over would-be immigrants who espouse antisemitic views.
Several high-profile pro-Palestinian protesters here on foreign visas have challenged their being targeted by Homeland Security.
The migrants have largely prevailed in federal district courts, with judges accusing the Trump team of unfairly silencing opposing viewpoints about Hamas’ sneak attack on Israel and that nation’s overwhelming response.
