USCIS to Deny Immigration Benefits Based on Antisemitic Social Media Activity and Harassment In a major policy shift, the Department of Homeland Security (DHS) announced today that U.S. Citizenship and Immigration Services (USCIS) will immediately begin screening immigration applicants’ social media activity and personal conduct for signs of antisemitism. This includes reviewing online posts that promote or support antisemitic ideologies, terrorist organizations such as Hamas, Hezbollah, and others, as well as incidents of physical harassment targeting Jewish individuals. The policy follows President Trump’s executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism, and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats. According to DHS, the new guidance will be enforced to the fullest extent under existing immigration law, with the goal of protecting the homeland from individuals who express support for violent antisemitic ideologies or groups. “This administration has made it clear: there is no room in the United States for the world’s terrorist sympathizers,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “Sec. Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for antisemitic violence and terrorism — think again. You are not welcome here.” Effective immediately, USCIS officers will consider antisemitic social media content and behavior as a negative discretionary factor in immigration benefit adjudications. This may impact applications for lawful permanent residency (green cards), student visas, and benefit requests by foreign nationals affiliated with institutions linked to antisemitic incidents. The move marks one of the strongest stances the U.S. government has taken to combat antisemitism through immigration enforcement, and signals increased scrutiny on applicants’ online presence and affiliations.
Federal Court Allows Alien Registration Rule to Take Effect on April 11, 2025 The U.S. District Court for the District of Columbia has denied a motion to delay or block the implementation of the Alien Registration Interim Final Rule (IFR), clearing the way for the regulation to take effect on Friday, April 11, 2025. The court ruled that the plaintiffs lacked standing, and as a result, the motion for a stay or preliminary injunction was denied. The Interim Final Rule imposes new registration and reporting requirements on certain noncitizens physically present in the United States. Despite legal challenges, the Department of Homeland Security (DHS) will now move forward with enforcing the rule as scheduled. Who Needs to Register Under the IFR? While full details are outlined in the IFR itself, the following categories of noncitizens are expected to be subject to the new registration requirement:
- Nonimmigrants (e.g., individuals on H-1B, F-1, L-1, B-1/B-2, and other temporary visas) who remain in the U.S. beyond a specified period;
- Lawful Permanent Residents in certain cases (e.g., re-registration, address updates, or specified national security circumstances);
- Asylum seekers, TPS beneficiaries, and other parolees as defined by DHS;
- Any other noncitizen category specifically named in DHS guidance or future updates.
- Register their physical address with DHS,
- Periodically confirm or update their contact and employment information,
- Comply with biometrics or identity verification as directed.
Legal Obligation to Carry Proof of Status Under Section 264(e) of the Immigration and Nationality Act (INA): “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d).” This means that all non-U.S. citizens, including visa holders and lawful permanent residents (green card holders), are legally required to carry proof of their immigration status. Types of Acceptable Proof:
- Nonimmigrant Visa Holders (e.g., F-1, H-1B, B-2): Valid passport with the U.S. visa and I-94 record (can be printed from CBP’s website).
- Permanent Residents (Green Card Holders): Green card (Form I-551).
- Pending Adjustment Applicants: I-797 receipt notices or Employment Authorization Document (EAD) if issued.
- DACA, TPS, or Asylum Applicants: EAD or other USCIS-issued document confirming status.
- Not carrying your immigration documents is technically a misdemeanor under federal law.
- Penalties may include:
- Up to 30 days in jail;
- A fine up to $100;
- Possible removal (deportation) proceedings if the person is also out of status.
- If encountered by ICE or CBP and you are unable to provide proof of lawful presence, you may be detained.
- This could lead to questioning, arrest, or initiation of removal proceedings—even if you are in valid status but just failed to carry proof.
- Failure to register (e.g., not updating address via Form AR-11) or carry proof can be used against you in future immigration petitions.
- It can reflect negatively on your credibility, especially in discretionary applications (e.g., Adjustment of Status, Naturalization, etc.).
- If stopped by police and you don’t have immigration ID, local authorities might notify ICE depending on the jurisdiction.
- In certain states, immigration status checks can be more stringent.
- Always carry at least a copy of your immigration documents (passport with visa, green card, or I-797 receipt).
- Keep digital copies on your phone and physical copies in your bag/wallet.
- Update your address with USCIS within 10 days of moving using Form AR-11, as required by law.
Understanding the Unlawful Presence Waiver: INA §212(d)(3) & I-601A Field Guidance for Applicants with Criminal Records For many intending immigrants, unlawful presence in the United States can trigger harsh bars to reentry. These inadmissibility grounds under INA §212(a)(9)(B) may result in 3- or 10-year bars, often forcing families to separate. However, legal pathways exist to overcome these barriers through waivers like I-601A (Provisional Unlawful Presence Waiver) and INA §212(d)(3) (Nonimmigrant Waiver for Temporary Visas). For applicants with criminal history, navigating these options requires a nuanced understanding of current USCIS field guidance and discretionary practices. The Basics: I-601A vs. INA §212(d)(3):
- I-601A Waiver: This waiver allows certain immediate relatives of U.S. citizens or lawful permanent residents to apply for a waiver of unlawful presence before departing the U.S. for their consular interview abroad. It applies only to inadmissibility due to unlawful presence under INA §212(a)(9)(B).
- INA §212(d)(3) Waiver: This is a broader, discretionary waiver that allows nonimmigrants (e.g., B-1/B-2, F-1, H-1B) to overcome most grounds of inadmissibility, including criminal and immigration violations, for temporary entry to the U.S.
- Falls under the petty offense or youthful offenderexceptions (INA §212(a)(2)(A)(ii)); or
- Is not a CIMT under INA §212(a)(2)(A)(i)(I),
- The seriousness of the offense;
- Evidence of rehabilitation;
- The purpose of the visit;
- Ties to the home country;
- How long ago the offense occurred.
- Maximum penalty of one year or less;
- Actual sentence of 6 months or less;
- Only one offense on record.
USCIS Opens EAD Application Process for Certain Hong Kong Residents Covered by Deferred Enforced Departure U.S. Citizenship and Immigration Services (USCIS) has announced procedures allowing certain Hong Kong residents covered under Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid through February 5, 2027. The announcement follows the release of a Federal Register notice outlining the new guidance and automatic extension provisions. Under the policy, EADs previously issued to eligible Hong Kong residents under DED that list a Category Code of A11 and expire on either February 5, 2023, or February 5, 2025, are now automatically extended through February 5, 2027. These EADs may be presented as valid proof of identity and employment authorization for purposes of Form I-9, Employment Eligibility Verification. This extension is part of the administration’s ongoing support for certain Hong Kong residents amid ongoing concerns regarding the political and human rights situation in the region. The updated DED policy was formalized in a memorandum issued on January 15, 2025, which deferred the removal of eligible Hong Kong residents who were physically present in the United States on that date. While there is no application required to receive DED itself, individuals seeking work authorization must file Form I-765, Application for Employment Authorization. In addition, DED-covered individuals who wish to travel internationally may apply for advance parole by submitting Form I-131, Application for Travel Document. USCIS emphasized that each EAD application will be individually reviewed, including screening for fraud, public safety, and national security concerns, before approval is granted
Sincerely, Keshab Raj Seadie, Esq. Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
