Top USCIS Official Defends Policy Targeting Anti-American Views

(U.S. Citizenship and Immigration Services) has issued a sweeping policy update that makes “anti-American” ideologies and activities an “overwhelmingly negative factor” in decisions on green cards, visas, parole, and other discretionary immigration benefits. The change, published on August 19, 2025, applies to all requests pending or filed on or after that date and formally expands officer review to include social media checks for anti-American content. USCIS says the move aligns with existing law, including references to INA 313(a), and reflects a broader shift toward stricter vetting and discretionary denial of benefits to people who support anti-American or terrorist ideas.

What the guidance says and why it matters

The agency’s new guidance clarifies that endorsement, promotion, support, or espousal of anti-American ideologies or activities—specifically including antisemitic terrorism and terrorist organizations—will weigh decisively against an applicant in any discretionary analysis.

“America’s benefits should not be given to those who despise the country and promote anti-American ideologies. U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that root out anti-Americanism and supporting the enforcement of rigorous screening and vetting measures to the fullest extent possible.” — USCIS spokesman Matthew Tragesser

USCIS frames the shift as guidance that supersedes prior instructions and standardizes how officers assess risk tied to ideology, speech, and support for any group that could fall under the anti-American category. Because the guidance treats anti-American behavior as an “overwhelmingly negative factor,” a case is very likely to be denied even if base eligibility criteria are met.

Scope and coverage

• Benefit types covered:
  • Family and employment green cards
  • Nonimmigrant visas
  • Humanitarian parole
  • Certain employment-based requests that rely on officer judgment (including national interest waivers and some EB-5 petitions when national security, fraud, or criminal misuse is involved)
• Screening expansion:
  • Officers may now include social media checks—public posts, shares, likes, comments, and affiliations—as potential evidence of endorsement or support for anti-American or terrorist ideas.
  • Officers must also consider whether an applicant’s entry or parole complied with the rules at the time of admission.

The guidance does not list specific social media platforms or tools; it states that content accessible to the public may be used to inform case decisions.

How cases will be processed (step-by-step)

1. Applicant submits applications as usual.
2. USCIS conducts screening and vetting, now including expanded social media checks.
3. Officers weigh any evidence of anti-American activity as a decisive negative factor in the discretionary analysis.
4. Officer issues a decision; because the standard is “overwhelmingly negative,” an otherwise qualified applicant can still be denied.
5. Applicant receives notice of the outcome; avenues to challenge vary by benefit type.

VisaVerge.com reports many attorneys are preparing clients for deeper document review and requests for evidence that focus on public statements and online activity.

Supporters’ and critics’ reactions

• Supporters argue:
  • The policy closes gaps that might have allowed supporters of extremist or anti-American ideas to obtain long-term status.
  • USCIS is applying discretion allowed under the Immigration and Nationality Act and protecting national security.
  • The explicit mention of antisemitic terrorism is a needed response to current threats and online radicalization.
• Critics warn:
  • The wording is too broad and invites subjective judgments that could sweep in political speech, criticism, or unpopular views.
  • The lack of bright-line definitions around “endorsement,” “promotion,” and “support” is problematic—especially on social media where context is often unclear.
  • Civil rights groups and immigrant advocates say the policy chills protected speech and could produce arbitrary results.
  • Several organizations have signaled likely litigation based on due process and First Amendment concerns.

As of September 10, 2025, no court rulings have blocked or narrowed the policy.

Broader enforcement and political context

• The update fits a wider enforcement trend emphasizing tougher screening and rollback of earlier humanitarian priorities.
• Analysts link the direction to advocacy blueprints such as the Heritage Foundation’s “Project 2025,” which calls for aggressive vetting and removal of perceived threats.
• USCIS says the guidance does not change the law itself but expands how officers can use discretion to deny benefits on ideological grounds.
• Congressional interest is rising; some members call for hearings on training, false positives, and fairness. No new law has been passed to define “anti-American” activity or to limit officer discretion.

Groups most affected

• Applicants from regions associated with higher security risk may face extra scrutiny.
• Students and workers with public profiles could see minor posts or associations trigger requests for explanation.
• Investors and entrepreneurs with cross-border funding must document absence of ties to sanctioned or extremist groups.
• Refugees and parole applicants will face scrutiny for any hint of promoting anti-American ideas.

Practical operational concerns

• Officers must assess whether someone’s original admission or parole complied with rules in effect at the time.
• Even a small rule breach could carry more weight if coupled with concerning speech or affiliations because these factors are grouped under discretion.
• The guidance applies to new filings and cases already in the pipeline as of August 19, 2025, meaning prior public conduct can be weighed retroactively in current decisions.
• Because definitions remain broad, day-to-day application will rely on officer judgment guided by training and internal procedures.

Evidence questions and potential pitfalls

• How will officers treat translations, sarcasm, satire, reposts, one-time “likes,” or context-dependent replies? Guidance does not prescribe bright-line answers.
• Social media content can be faked, taken out of context, or mistranslated—advocates warn of false positives.
• Attorneys recommend providing clear context, translations, and corroborating evidence when responding to agency inquiries.

Practical advice for applicants, sponsors, and institutions

• Review and clean public profiles; remove content that could be read as support for anti-American or terrorist causes.
• Collect records that show constructive engagement: employment, education, community work, travel history, and family ties.
• If USCIS requests evidence about online activity, respond carefully with:
  • Accurate translations
  • Clear timelines and context
  • Credible third-party materials and independent proof
• Employers, universities, and community sponsors should prepare for deeper background checks and more evidence requests in discretionary filings.
• Seek qualified legal counsel for case-specific guidance and responses.

Key takeaways and immediate outlook

• The guidance makes proof of endorsement, promotion, support, or espousal of anti-American ideologies—especially antisemitic terrorism and related organizations—an overwhelmingly negative factor in discretionary decisions.
• This can override otherwise complete eligibility and lead to denials based on the officer’s judgment.
• USCIS directs the public to its Policy Manual and official announcements; the government’s channel for primary materials is the USCIS Newsroom.
• Advocacy groups are preparing legal challenges; some lawmakers seek oversight. Until courts or Congress act, the guidance is the controlling standard inside USCIS and applies nationwide to pending and new filings.

Policy Changes Overview (at-a-glance)

Final guidance for affected people

• Treat public conduct and online content seriously—USCIS officers will.
• Build a strong, well-documented file showing positive engagement and lawful conduct.
• Respond promptly and comprehensively to requests for evidence about online activity.
• Consider legal counsel to prepare for requests and possible challenges.

For official source materials and announcements, see the USCIS Newsroom.