USCIS Policy Updates: Anti-Americanism & False Claims
- Milow LeBlanc
- 3 days ago
- 2 min read
U.S. Citizenship and Immigration Services (USCIS) has released two significant policy updates that will have real implications for employers, immigration practitioners, and foreign nationals navigating the system.
1. USCIS to Consider Anti-Americanism in Immigration Benefit Requests (Effective Aug. 19, 2025)
USCIS has updated its Policy Manual (Volume 1) to clarify how officers apply discretion in adjudicating immigration benefits. The new guidance explicitly emphasizes:
Negative Discretionary Factors: Involvement in anti-American activity, antisemitic terrorism, or organizations promoting extremist ideologies will be weighed heavily against applicants.
Expanded Social Media Vetting: USCIS has broadened its vetting scope to include reviews for anti-American activity on social platforms.
EB-5 Investor Petitions: Guidance now outlines how discretion applies in cases involving threats to national interest, fraud, or misrepresentation.
USCIS reinforced its position that immigration benefits are a privilege, not a right, and officers must consider compliance with immigration laws alongside any evidence of extremist or anti-American affiliations.
2. USCIS to Enforce Consequences for False Claims (Effective Aug. 20, 2025)
In a separate but equally important update, USCIS has revised Policy Manual Volume 8, Part K, Chapter 2, focusing on fraud detection and false claims to U.S. citizenship.
Key clarifications include:
Matter of Zhang Application: The decision now supersedes prior DHS policy that provided certain defenses to false claims of citizenship.
Intent & Capacity Considerations: Officers will weigh age, knowledge, and mental capacity when evaluating whether a false claim was intentional.
Consequences of Fraud: Any attempt to defraud the system or misuse benefits will result in severe immigration consequences, reinforcing USCIS’s commitment to robust screening.
In today’s environment, rigorous compliance and proactive guidance are no longer optional they are essential. Employers and their counsel who stay ahead of these changes will be best positioned to safeguard both their workforce and their long-term immigration strategies.
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