Immigrants now face 'anti-American' vetting processes when pursuing legal employment and citizenship
In a significant shift, the United States Citizenship and Immigration Services (USCIS) under the Trump administration has announced a new regulation that will screen immigrants for "anti-Americanism" as part of the visa application process.
Jonathan Grode, managing partner of Green and Spiegel immigration law firm, stated that the policy update was not unexpected given the administration's approach to immigration. Elizabeth Jacobs, director of regulatory affairs and policy at the Center for Immigration Studies, explained that the government is being more explicit about the behaviours and practices officers should consider.
However, concerns have arisen among experts about the potential for increased subjectivity, stereotypes, prejudice, and implicit bias in decision-making processes. Jane Lilly Lopez, associate professor of sociology at Brigham Young University, expressed her concern that the policy update opens the door for these issues to influence decisions.
Critics worry the policy update will allow for more subjective views of what is considered anti-American and allow an officer's personal bias to cloud his or her judgment. It isn't specified what constitutes anti-Americanism, and it isn't clear how and when the directive will be applied.
Jaime Diez, an immigration attorney based in Brownsville, Texas, stated that a lot more evidence will be required to meet the standards set by the updated policy. Attorneys are advising clients to adjust their expectations due to the different system in place, as many things that apply to US citizens may not apply to immigrants seeking entry.
Ruby Robinson, senior managing attorney with the Michigan Immigrant Rights Center, believes the Bill of Rights and the US Constitution protect all people in the United States, regardless of their immigration status, against government encroachment. She stated that the debate over the constitutionality of the policy is expected to be resolved in courts.
Experts disagree on the constitutionality of the policy affecting people who are not US citizens and their freedom of speech. Jacobs emphasized that discretion is still in place, and officers cannot be told to deny applications based on anti-American views, only to consider it as a negative discretion.
The policy changes also include social media vetting and assessing applicants for "good moral character," which now considers not just the absence of misconduct but also the applicant's positive attributes and contributions. Matthew Tragesser, USCIS spokesperson, stated that immigration benefits are a privilege, not a right.
The new regulation is expected to have a significant impact on the immigration process, sparking debate and raising concerns about the potential for increased subjectivity and bias in decision-making. As the policy unfolds, it remains to be seen how it will be implemented and how it will affect the lives of immigrants seeking a legal pathway to live and work in the US.
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