‘Original intent of the law’: Trump claimed his war was on illegal immigrants – he has now ordered legal applicants to return home

The Trump administration just announced that prospective immigrants will now be required to return to their home countries to apply for Green Cards. This significant policy shift by the U.S. Citizenship and Immigration Services (USCIS) threatens to upend the most common pathway for legal immigration in the United States. The previous process allowed immigrants already living and working in the country to apply for an adjustment of status.

Per The Hill, this policy will upend many families who have built their lives here over several years. USCIS spokesperson Zach Kahler stated this new policy memo is about “returning to the original intent of the law, to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” 

Kahler also noted, “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.” However, immigration advocates have been quick to point out that the new rule has a massive potential for widespread disruption.

This was a regulated program, one that is followed by most countries in the world

For those who are currently living in the U.S., the adjustment of status process has been a vital tool. It allowed individuals, such as students or those with valid work authorization, to seek permanent residency without leaving the country. 

This process was also available to those who married U.S. citizens. According to David Bier, the director of immigration studies at the Cato Institute, this specific pathway has been used “for over half of all legal immigrants in the last generation.”

Bier was highly critical of the administration’s decision. He wrote on X, directing his message to USCIS Director Joseph Edlow, “These are all people who qualify to stay here permanently and Congress clearly wanted them to have a way to stay. He’s telling them to leave America.”

Bier continued his critique, stating, “This admin continues to prove itself to be the most anti-legal immigration admin in US history. The harms this will cause to legal immigrants is incalculable. Impossible to explain how stupid and evil this policy is. It’s intended to cost people their jobs and their families.”

HIAS, formerly known as the Hebrew Immigrant Aid Society, had similar concerns. “The administration’s new policy could force thousands of people to be separated from their families, their jobs, and their homes in order to wait for years outside of the country for their green card.”

Oppenheim added, “It echoes again and again the notion that no one is permanent here, unless they fit a particular notion of what it means to be worthy of protection. And that simply cannot stand.”

While the policy allows some discretion, it explicitly labels the adjustment of status as “extraordinary” relief. This is a high bar to clear for the estimated 1 million people with pending claims for adjustment of status. 

This pool of applicants has only continued to grow, especially after the administration ordered a pause on all pending immigration applications around Thanksgiving after a fatal shooting of a National Guard member in D.C. The case is currently being litigated in the courts.

Legal experts suggest that this latest move by USCIS could also face significant litigation. One potential avenue for a legal challenge is the argument that such a fundamental change in policy should have been crafted through the standard notice-and-comment rulemaking process.

The complexity of this situation is compounded by broader restrictions already in place. As reported by the BBC, the government placed an indefinite pause on immigrant visa processing from 75 countries back in January. The State Department cited a desire to bring “an end to the abuse” of the system “by those who would extract wealth from the American people” by using welfare and public benefits.

Tommy Pigott, the Principal Deputy spokesperson for the U.S. State Department, noted that the department will use its authority to deem potential immigrants ineligible if they are viewed as a public charge. The State Department, led by Secretary of State Marco Rubio, is currently reassessing procedures to prevent the entry of foreign nationals who might seek public benefits. 

This suspension does not apply to non-immigrant, temporary tourist, or business visas, but it adds another layer of difficulty within the legal immigration system. With travel bans already affecting 19 countries and additional restrictions expanding to countries like Russia, Iran, and various African nations, the pathways for legal entry have become increasingly narrow.