The names of anyone without permanent residence in the U.S. have been changed due to safety concerns
The Trump administration says that immigrants must pursue citizenship from their home country instead of the states, including ones already living in America, according to a new memo. The exception made for “extraordinary circumstances” is up to the discretion of U.S. Citizenship and Immigration Services officials.
According to the principal attorney of Alonge Law Firm, Oyesanmi Alonge, the USCIS memo does not require applicants already living in the U.S. to leave the United States to get their green card (adjustment of status) and does not mean that every pending green card application will be denied.
“However, it is significant because it declares adjustment as a discretionary benefit and not an automatic right,” said Alonge. He says the USCIS may now place “greater focus” on the applicant’s full history, including immigration compliance and personal hardships.
“My message to concerned immigrants is: do not panic, but do not ignore this memo,” said the lawyer. “Do not withdraw an application, travel internationally, or change legal strategy based on rumors or social media commentary. Instead, applicants should carefully review their cases with counsel, identify any weaknesses, and strengthen the evidence showing why they deserve a favorable exercise of discretion.”
“I also believe the memo may face litigation depending on how USCIS applies it…discretion is not unlimited. Congress created adjustment of status as a statutory process, and the statute does not describe it as an “extraordinary benefit” or limit it only to “extraordinary circumstances.” If USCIS applies the memo as a broad presumption against adjustment rather than a true case-by-case analysis, there may be strong legal challenges.”
The lawyer says that real-world enforcement of the memo hasn’t been seen, but the law firm is closely monitoring the implementation to protect their clients’ rights.
Update: A DHS spokesperson told the New York Times that most applicants will not have to leave the U.S. to obtain a Green Card and the notice was a “reminder” for officers.
Joan Blanc, an African immigrant, was extremely worried when she saw the news, some sensationalized, circulating around the internet, but speaking with her attorney alleviated her fears.
“I was afraid because that would mean leaving my job and leaving my family to go back to my home country, and there are no guarantees that I will come back because once I leave the United States, automatically I’m disqualified from coming back into the country for another 10 years… So yes, now my mind is at rest. I know that that is not what the memo meant.”
But for some, this news didn’t even make their radar because of the sheer amount of changes made to immigration policies.
“I no longer know what’s going on,” said Ramon Thomas, a Hispanic immigrant, when initially asked about the current policy. “I can’t transfer a car title to my name anymore, and after January I won’t be able to renew my inspection sticker. I’m going to save up and leave this dumpster fire of a country.”
Since March of this year, the Texas Department of Motor Vehicles has required documents like REAL IDs and birth certificates to ensue vehicle transactions, like transferring ownership. The sticker safety inspections for noncommercial vehicles are not required until 2027.
“I don’t know what’s going on with their immigration policy,” repeated Thomas. “I just assume it’ll screw me over some way somehow.”
Other grievances Thomas has with the U.S.’s immigration pertain to DACA. During the Biden administration, DACA applications for first-time applicants opened again, and Thomas submitted his and paid over 1k in lawyer and application fees, only for the state to block first-time applicants.
He says current renewals are taking too long to process. “If I remember correctly, I was advised to plan my renewal a year in advance (mind you, DACA is a two-year subscription) and start the renewal process 9-8 months in advance.”
“I’ve heard stories of people who submitted their renewal around the recommended time, and it didn’t get processed. People with careers have had to quit their jobs over this,” said Thomas.
Thomas is looking for work in other countries and is grappling with the fact his emigration might bar him from returning.
Despite the right wing championing of immigrants that should come in “the legal way”, the administration is only making the process harder.
Delivered by Shekinah Abolo
