Following intense backlash, the Trump administration is seeking to downplay the impact and scope of a recent immigration policy change that triggered concerns that hundreds of thousands of green card applicants would be forced to leave the U.S. to continue their cases.
Last week, the U.S. Citizenship and Immigration Services unveiled guidance that officials said would eliminate the option for many immigrants to apply for a green card, or permanent U.S. residency, without having to leave the country to complete the process at an American consulate in their home countries.
The memo appeared to dramatically limit a process known as “adjustment of status,” which permits immigrants being sponsored for a green card by American employers or relatives to stay in the U.S. while they wait for one. At the time, a USCIS spokesperson said someone “who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
The announcement alarmed immigrants, business groups and immigration lawyers, who feared the move would force hundreds of thousands to leave the U.S. and strand some of them overseas due to broad travel and entry restrictions the Trump administration has imposed on dozens of countries.
But over the weekend, the Department of Homeland issued a statement that portrayed the green card guidance in far less sweeping ways, arguing the memo issued last week restated “longstanding law and policy.”
DHS said the “policy will not prevent any alien from obtaining a green card who legitimately and properly qualify.” The department said the guidance “will result in some aliens who do not merit the discretionary benefit ultimately applying with the Department of State overseas rather than USCIS in the United States.”
“This policy will have no noticeable impact on highly qualified applicants and skilled professionals who have followed the law,” DHS said in its statement to CBS News on Saturday. “These aliens benefit the national interest and provide economic benefits to the United States and will continue to merit the favorable exercise of discretion.”
Lynden Melmed, who served as the top lawyer at USCIS under the George W. Bush administration, said DHS’ new statement seeks to narrow the scope of the green card guidance, making it less categorical. He said USCIS officers have long used discretion and analyzed different negative and positive factors to determine someone’s eligibility to apply for a green card within the U.S.
But Melmed said the guidance will still likely prove to be “burdensome” for immigrant applicants and their lawyers, prompting them to submit more evidence to show why they should not be required to leave the U.S. and apply for a green card abroad. He said the seemingly inconsistent messaging from the administration was also confusing for USCIS officers.
“The underlying policy will still slow legal immigration but at least they are toning down the rhetoric,” Melmed said.