Immigrants seeking lawful work and citizenship in US now subject to ‘anti-Americanism’ screening

Immigrants seeking a legal pathway to live and work in the United States will now be subject to screening for “anti-Americanism’,” authorities said Tuesday, raising concerns among critics that it gives officers too much leeway in rejecting foreigners based on a subjective judgment.

US Citizenship and Immigration Services said officers will now consider whether an applicant for benefits, such as a green card, “endorsed, promoted, supported, or otherwise espoused” anti-American, terrorist or antisemitic views.

“America’s benefits should not be given to those who despise the country and promote anti-American ideologies,” Matthew Tragesser, USCIS spokesman, said in a statement. “Immigration benefits—including to live and work in the United States—remain a privilege, not a right.”

It isn’t specified what constitutes anti-Americanism and it isn’t clear how and when the directive would be applied.

“The message is that the US and immigration agencies are going to be less tolerant of anti-Americanism or antisemitism when making immigration decisions,” Elizabeth Jacobs, director of regulatory affairs and policy at the Center for Immigration Studies, a group that advocates for immigration restrictions, said on Tuesday.

Jacobs said the government is being more explicit in the kind of behaviours and practices officers should consider, but emphasized that discretion is still in place.

“The agency cannot tell officers that they have to deny — just to consider it as a negative discretion,” she said.

The policy changes follow others recently implemented since the start of the Trump administration including social media vetting and the most recent addition of assessing applicants seeking naturalization for ‘good moral character’.

That will not only consider “not simply the absence of misconduct” but also factor the applicant’s positive attributes and contributions.

“It means you are going to just do a whole lot more work to provide evidence that you meet our standards,” Lopez said.

Experts disagree on the constitutionality of the policy involving people who are not US citizens and their freedom of speech.

Jacobs, of the Center for Immigration Studies, said First Amendment rights do not extend to people outside the US or who are not US citizens.

Ruby Robinson, senior managing attorney with the Michigan Immigrant Rights Center, believes the Bill of Rights and the US Constitution protects all people in the United States, regardless of their immigration status, against government encroachment.

“A lot of this administration’s activities infringe on constitutional rights and do need to be resolved, ultimately, in courts,” Robinson added.

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