USCIS INTRODUCES “ANTI-AMERICAN” IDEOLOGY SCREENING

On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance instructing officers to evaluate whether applicants for green cards, work permits, and naturalization have espoused “anti-American” or antisemitic viewpoints. The directive applies to both pending and newly filed applications and marks a significant expansion of the discretionary factors considered in immigration adjudications.

An Expansive New Standard

In its policy alert, USCIS described the espousal of “anti-Americanism” as an “overwhelmingly negative factor” in any benefit request but offered few details about how such determinations will be made. Immigration advocates have warned that the vague language invites inconsistent adjudication and risks penalizing constitutionally protected speech.

Implications for Applicants

Because the guidance applies retroactively to cases already filed, applicants with pending petitions should be prepared for heightened scrutiny during interviews or requests for evidence. While USCIS has long had authority to consider issues of national security or criminal conduct, this new focus on political and ideological expression is unprecedented. Critics argue it could chill free expression and disproportionately affect applicants from regions where U.S. foreign policy is unpopular.