The Trump administration announced on Friday new guidance for green card hopefuls in the United States that mandates they must return to their home country before seeking permanent lawful status.
The Department of Homeland Security claimed the current policy, which allows immigrants in the country on temporary visas to apply for permanent legal status from within the U.S., is a “loophole” that opens the system up for abuse. Under the policy change, those in the U.S. temporarily and who decide to apply for green cards must now first leave the country, “except in extraordinary circumstances,” according to DHS.
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“An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply,” DHS said in a statement. “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. The era of abusing our nation’s immigration system is over.”
The development comes amid the Trump administration’s effort to reduce immigration levels, including by deporting illegal immigrants. White House border czar Tom Homan said earlier this week that Immigration and Customs Enforcement and federal partners have arrested 641,000 illegal immigrants since President Donald Trump took office, while 800,000 have been removed from the U.S. The Justice Department’s move to swear in a record number of new immigration judges has compounded efforts to move cases through the courts swiftly and accelerate the final removal of illegal immigrants.
U.S. Citizenship and Immigration Services, which falls under DHS, framed the latest policy change on green cards this week as an effort that “allows our immigration system to function as the law intended.” The department said the change would free USCIS to focus on processing other cases, including visas for victims of violent crime and human trafficking, and “help make our system fairer and more efficient.”
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesman Zach Kahler said. “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.”
“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,” he added. “Their visit should not function as the first step in the Green Card process. 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.”
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In another memo dated Thursday, DHS sought to back up the idea that Congress has made it clear that temporary residents “are expected to depart the United States when the purpose of their admission or parole has been accomplished.” The memo particularly emphasized “discretionary” powers it said USCIS officers hold to approve or deny adjustment-of-status applications, or the process of getting a green card, stoking controversy.
“Where adjustment of status is in the discretion of USCIS, officers are reminded that they are to consider all relevant factors and information in the totality of the circumstances in exercising that discretion,” the memo read. “Adjudicators must weigh all positive and negative factors, including family ties, immigration status and history, the applicant’s moral character, and any other relevant factor that bears on determining whether the alien warrants a favorable exercise of discretion.”
