US immigration officers must now weigh applicants’ support for “anti-American ideologies and activities” when deciding whether to grant certain immigration benefits, under new policy guidance released Tuesday by US Citizenship and Immigration Services.
The updated policy, effective immediately, instructs officers to assign “overwhelmingly negative” weight to cases where applicants have “endorsed, promoted, supported, or otherwise espoused” views of terrorist groups or anti-American ideologies, including antisemitic organizations.
The policy affects cases where USCIS officers have discretionary authority to approve or deny immigration benefits after applicants meet basic legal requirements. In these situations, which include most green card applications, status changes, and extensions of stay, officers weigh positive factors like family ties and community standing against negative elements such as immigration violations or criminal history to determine whether approval serves the “best interests” of the US.
Notably, neither the guidance nor the law it references clearly defines “anti-American ideologies and activities.” By way of a definition, the guidance refers to Section 313(a) of the Immigration and Nationality Act (INA). But that section lacks any mention of anti-American sentiment or activity, rather focusing on the prohibition of anarchists, Communists, and supporters of totalitarian governance. It is unclear whether this was a typographical error, or an indication of a potentially over-broad interpretation of the INA.
The emphasis on rooting out “anti-American activities” among visa applicants echoes Cold War-era policies, particularly those associated with Senator Joseph McCarthy’s “Red Scare” investigations in the 1950s, when the government similarly sought to identify and exclude those deemed subversive to American interests.