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2.0

DHS begins screening noncitizens' social media activity for antisemitism when considering immigration benefit requests

  1. Original Date Announced

    April 9, 2025

    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]

    2025.04.09 USCIS - DHS to Begin Screening Social Media Activity for Antisemitism
  2. Effective Date

    April 9, 2025
  3. Subsequent Trump and Court Action

    August 19, 2025

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

    USCIS issued updated policy guidance for adjudicating immigration benefit requests. In particular, any connections to "anti-American" or "antisemitic" activities are assigned significant negative weight within the discretionary analysis.

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  4. Subsequent Trump and Court Action

    August 19, 2025

    2025.08.19 USCIS - Policy Manual Chapter 8, Discretionary Analysis

    USCIS updated its Policy Manual to add an additional factor to the list of "factors that may be considered" in adjudicating requests for immigration benefits. The factor includes "[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 views will be determined based on Immigration and Nationality Act § 313(a). The previous version of the Policy Manual did not include a bullet such as this in the list.

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  5. Subsequent Trump and Court Action

    September 9, 2025

    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.

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  6. Subsequent Trump and Court Action

    September 11, 2025

    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.

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Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS DHS

Commentary

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

    AP News reports Joseph Edlow, director of U.S. Citizenship and Immigration Service, defends the agency's policy of "scrutiniz[ing] a person's 'anti-American' views" by arguing that it "isn’t designed to target political beliefs, but to identify support for terrorist activity." Critics question the policy for "giv[ing] officers too much leeway in rejecting foreigners based on a subjective judgment" as to whether an applicant "'endorsed, promoted, supported, or otherwise espoused' anti-American, terrorist or antisemitic views." Edlow asserted that the policy does not scrutinize "people who’ve posted anti-Trump speech," arguing that "criticism of any administration" was "one of the most American activities you can engage in."

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