Original Date Announced

USCIS will begin considering noncitizens’ “antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests,” including applications for lawful permanent resident status. Specifically, USCIS will consider social media content that indicates “endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or antisemitic activity” as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefits requests.

Trump 2.0 [ID #1673]

Subsequent Trump and Court Action

2025.08.19 USCIS PA-2025-16 - Clarifying Discretionary Factors in Certain Immigration Benefit Requests

USCIS announced that it is issuing updated policy guidance regarding the factors that officers may consider in certain benefit requests cases involving discretionary analysis. In particular, the update provides that any connections to "anti-American" or "antisemitic" activities are assigned significant negative weight. It also states that a relevant factor is whether the noncitizen's application for admission or parole was made in accordance with all laws, regulations, and policies in effect at the time. It further explains that an exercise of discretion in employment-based cases is limited to cases where the noncitizen is seeking a national interest waiver; clarifies how discretion is applied to certain EB-5 cases involving national-interest concerns or misconduct; and confirms that USCIS applies discretion when adjudicating requests for extension of stay, change of status, reinstatement of F or M nonimmigrant status, and in certain employment authorization requests.

Subsequent Trump and Court Action

2025.08.19 USCIS - Policy Manual Chapter 8, Discretionary Analysis

USCIS updated its Policy Manual in light of the announcement of the policy alert described above. In particular, the updated Policy Manual adds as an additional factor to the list of "factors that may be considered" in adjudicating requests for immigration benefits: "[w]hether the alien has endorsed, promoted, supported, or otherwise espoused anti-American views or the views of a terrorist organization or group (including in social media content by, or involving an alien). This includes organizations who support or promote anti-American ideologies or activities, antisemitic terrorism, antisemitic terrorist organizations, antisemitic ideologies, or has engaged in physical harassment of any person in furtherance of the organization or group."

USCIS states that anti-American organizations, views, activities, and ideologies will be determined based on INA § 313(a), and that circumstances indicating anti-American views or views of a terrorist organization are considered "overwhelmingly negative factors" in cases involving discretion. The previous version of the Policy Manual did not include a bullet such as this in the list.

Similar language was added to the Policy Manual's section on adjustment of status and section on adjudicating employment authorization. Neither the previous version of the section on adjustment of status nor the previous version of the section on employment authorization referenced the consideration of anti-American views or views of a terrorist organization.

Subsequent Trump and Court Action

2025.09.09 Reported: Top US immigration official defends rule targeting ‘anti-American’ views in green card, visa process - AP News

The Associated Press (AP) reports that USCIS Director Joseph Edlow defended the new rule targeting "anti-American" views, arguing that USCIS must consider applicants' online activity and hateful speech. He emphasized that speech would not automatically disqualify someone but factors into decisions. Edlow clarified that the rule is not aimed at anti-Trump opinions, but rather at the "espousing [of] the beliefs and the ideology of terrorist organizations and those who wish to destroy the American way of life." He gave examples such as students posting pro-Hamas content or protesting in ways that block Jewish students from entering buildings.

Subsequent Trump and Court Action

2025.09.11 X post - DOS will take "appropriate action" regarding noncitizen comments on Charlie Kirk shooting

Deputy Secretary of State Christopher Landau wrote on X that "foreigners who glorify violence and hatred are not welcome visitors in our country" in response to social media users he said were "praising, rationalizing, or making light of" Charlie Kirk's death. He added that he had directed consular officers to "undertake appropriate action" against such individuals and invited users to flag offensive posts in the comments of his thread, which he said would be monitored by U.S. consular officials.