Crackdowns, Fines, and Policy Shifts: This Week’s Immigration Shake-Up

USCIS to Review Social Media for Antisemitic Content 

Last week, USCIS announced a new policy to begin evaluating foreign nationals’ social media activity for antisemitic content. Under this policy, online posts may now serve as grounds for denying immigration benefits. This policy immediately applies to individuals seeking lawful permanent residency, international student status, and foreign nationals affiliated with educational institutions.

USCIS stated that they will monitor for affiliations or expressions of support related to certain groups, including Hamas, Palestinian Islamic Jihad, Hezbollah, and the Houthi movement in Yemen. This change follows a recent policy proposal requiring immigration applicants to disclose the social media platforms they use.

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Immigrant Registration Rule Now Active 

A federal judge, Trevor N. McFadden of the U.S. District Court for the District of Columbia, ruled last week that immigration advocates lacked standing to challenge the Trump-era immigrant registry policy. Judge McFadden, appointed by former President Trump, determined that the harms described were speculative and did not justify a legal block.

• Following this decision, the interim final rule officially took effect on April 11.

• The policy mandates that all foreign nationals over the age of 14 must register and be fingerprinted within 30 days of arriving in the U.S., or face criminal penalties, detention, and deportation.

• Specific provisions apply to certain Canadian citizens entering through land borders without an I-94 who intend to stay more than 30 days.

• While individuals with I-94 forms or legal non-immigrant visas are exempt from this additional registration, they must carry a copy of their I-94 to avoid penalties. Short-term visitors staying less than 30 days are also exempt.

Resources include a rule summary and answers to common questions.

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CBP One App Entrants to Lose Legal Status 

Last week, the Trump administration declared it would revoke the legal protections of migrants who entered the U.S. using the CBP One mobile app. DHS issued notifications stating that nearly 985,000 individuals could lose their status and become subject to removal.

This change does not affect individuals paroled under the Uniting for Ukraine program or Afghans who entered under Operation Allies Welcome. Additionally, DHS introduced a plan to enforce daily $998 fines for individuals with deportation orders who fail to depart. These fines will be retroactive for up to five years, and nonpayment may result in asset seizures.

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IRS to Share Taxpayer Data with DHS 

The IRS has agreed to provide taxpayer data to U.S. authorities investigating migration-related offenses. This collaboration is part of an effort by the Trump administration to enhance enforcement against undocumented immigrants.

Although unlawful presence is not a criminal offense, the administration has classified individuals who cross the border without authorization as "criminals." The IRS will share tax records to aid in cases involving immigrants who stay in the U.S. 90 days beyond their removal order or reenter after deportation.

What’s Next: Advocacy groups have filed suit to stop the IRS from sharing this data. They are seeking a preliminary injunction to block any data transfer while the courts deliberate on the legality of the arrangement.

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State Department Cancels All South Sudanese Visas 

Secretary of State Marco Rubio announced last week that the U.S. will revoke all valid visas held by citizens of South Sudan. The action, citing public safety and national security concerns, will also halt any new visa issuances for South Sudanese nationals and bar their entry into the U.S.

The Secretary noted that this move was prompted by South Sudan’s transitional government's failure to promptly receive repatriated citizens. The ban took effect immediately.