The Trump administration is facing criticism as confusion rises regarding the DHS green card policy updates affecting green card applicants seeking permanent residency in the United States.
The Department of Homeland Security (DHS) has moved to clarify a controversial green card policy for applicants who feared that they could be forced to leave the United States while their permanent residency applications are pending.
Read more: US changes tune on ‘return home’ order for green cards; DHS issues clarification: ‘Up to immigration officers’
The new DHS green card policy update
On May 21, the US Citizenship and Immigration Services (USCIS) issued a policy memorandum characterizing the Adjustment of Status (AOS) as an “extraordinary” discretionary benefit rather than a regular route to permanent residency.
In public announcements introducing the policy, USCIS said that it overcomes gaps that could allow immigrants to “slip into the shadows” and live in the US illegally in the event that their residency application is denied, making the US immigration system “fairer and more efficient”.
Applicants addressed concerns regarding the new change. The confusion rose when, following the widespread concern, DHS issued a clarification stating that most green card applicants would not automatically be required to leave the United States and complete the process abroad.
Officials said the memo was intended to be a reminder that USCIS officers have the discretion to evaluate the AOS on a case-by-case basis, rather than announce a blanket new rule.
According to CNN, USCIS appears to have already begun applying parts of the policy. In one request for evidence obtained by the outlet, applicants were asked to show whether factors such as family hardship, community contributions, or English proficiency supported their case.
Read more: Green Card alert: New rules increase vulnerability of these US visa holders; full details here
Why is there confusion regarding the new policy update?
The language and messaging from the DHS is confusing because, in its most basic form, the modification merely provides individual adjudicators more latitude to decide whether or not immigrants seeking a status adjustment can remain in the country while that procedure is underway.
While in its most extreme form, it might have forced the majority of those with pending applications to abruptly depart the United States, along with their families and lifestyles.
Legal experts argue that such a sweeping interpretation would face significant court challenges because AOS is rooted in federal immigration law passed by Congress and cannot be eliminated through administrative guidance alone.
However, Atlanta-based immigration attorney Charles Kuck told CNN that applying the policy retroactively to existing applicants would be nearly impossible to defend legally, noting that potentially more than a million adjustment applications are currently pending.
“So, I’m telling clients, ‘Sit back, relax, let this play out, follow the plan that your lawyer put in place, and you’re going to be OK,” Kuck said.
