Trump Cracks Down on In-Country Status Changes

As the Trump administration continues to fulfill its promise to crackdown on illegal immigrants, a new directive could significantly change if certain immigrants can adjust their legal status while remaining in the United States.

The guidance as issued could affect hundreds of thousands of people, including temporary workers, refugees and parents who overstayed a visa and now have a U.S. citizen child who is at least 21 years old. For years, individuals in these categories have been able to adjust their status without leaving the country. The administration now says that process is discretionary and should not take precedence over consular processing, which is conducted outside the United States.

Immigration law experts pushing back on the shift said Congress created the U.S.-based adjustment process specifically to prevent family separations. Immigrant rights organizations echoed that concern, calling the directive part of broader efforts to separate families.

“Supposedly, the strategy is to make it so difficult for our community that we self-deport or that we go back to our home country,” CARECEN Executive Director Martha Arevalo said. “But the reality is that this is our country.”

Organizations also said they plan to challenge the policy in court.

“Our sister organization, the Coalition for Humane Immigrant Rights, has actually sued this administration multiple times for violations of our due process rights, for putting forward these kind of processes that only hurt our community and that divide our families,” CHIRLA Executive Director Angelica Salas said. “So, one more time, we’re going to take him to court.”

Legal experts said the directive introduces uncertainty for those currently seeking to adjust their status. The executive director of the Center for Human Rights and Constitutional Law warned it raises a significant risk for applicants and urged individuals to consult with an attorney or seek pro bono legal assistance to understand potential risk of deportation.

The policy memo, which was issued on May 22, directs immigration officers to evaluate adjustment of status requests on a case-by-case basis considering “the totality of the circumstances,” and weighing “all positive and negative factors” in each case. The policy is meant to reduce unlawful immigration by those who remain in the US after their in-country adjustments are denied, or who use their temporary entries “as the first step in the Green Card process.” US Citizenship and Immigration Services (USCIS) says that this can free up limited USCIS resources to focus on visas for violent crime and human trafficking victims, naturalization applications, and other priorities, according to the announcement.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose,” the agency said. “Our system is designed for them to leave when their visit is over.”