Trump Administration’s New Immigration Policy Raises Concerns
The Trump administration continues to tighten immigration policies, not only intensifying deportation efforts but also seeking ways to complicate legal immigration processes. Recent developments indicate that new strategies are being explored to make it more challenging for individuals to achieve legal residency in the United States.
Adjustment of Immigration Status Now Required Outside the U.S.
On Thursday, U.S. Citizenship and Immigration Services (USCIS) issued a policy memo mandating that individuals seeking adjustments to their immigration status must do so from outside the United States, unless deemed to be in “abnormal circumstances.”
Immediate Effect of Policy Yet Lacks Legal Enforcement
While this policy takes effect immediately, it is important to note that it serves as a guidance document and is not enforceable in a legal sense. Assuming this policy is implemented, it would mark a significant shift from current practices, which allow temporary residents to apply for permanent residency without departing the country. The memo suggests that this policy change aims to apply the Immigration and Nationality Act (INA) more strictly, particularly Section 245, which governs transitions from temporary to permanent residency.
Escalating Backlogs at USCIS
As of September 2025, USCIS faced 11.65 million pending cases, representing a 23% increase in backlogs over the previous year, according to the Niskanen Center. This growing backlog exacerbates the challenges faced by applicants amid the newly proposed policy.
USCIS Expands Adjustment of Status Discretion
USCIS contends that its authority over adjustment of status cases has been overly broad, a sentiment it believes should be curtailed. The agency claims that the process was never intended as a means to sidestep the established consular visa application procedures.
Legal Interpretation of Section 245 in Question
Section 245 of the INA allows individuals granted temporary resident status to apply for permanent residency. The language suggests that it would be permissible for someone in temporary status to submit their application while still residing in the U.S. USCIS, however, argues that Congress intended to limit adjustment of status to exceptional cases, citing concerns over eligibility requirements.
Implications for Applicants Under New Policy
The legal framework appears to support the idea that those with temporary resident status can apply for adjustments without leaving the country. The law stipulates that applicants “do not have to be” physically present in the U.S. while establishing continuous residence. This may indicate that Congress purposely included such provisions to protect applicants from being precluded from adjustment due to required departures.
Concerns from Immigration Attorneys
Charles Cook, an immigration attorney based in Atlanta, criticized the USCIS policy for its lack of logical foundation, arguing that Congress has historically favored a more inclusive interpretation of immigration law by continuously expanding eligibility categories for status adjustments. Similarly, Stephen Brown, another immigration attorney from Houston, emphasized that Congress designed the adjustment of status process to alleviate pressures on foreign consulates and argued that USCIS’s discretion should not be absolute.
Agency Attempts to Clarify Policy Implementation
Zach Koehler, a spokesperson for USCIS, stated that the agency is currently working to operationalize its new process. While he indicated that the new policy would not necessarily exclude applicants who contribute to the economy or serve national interests, individual circumstances may dictate whether certain individuals will have to apply from abroad. This suggests some flexibility in the policy; however, critics express concern that it ultimately makes the immigration landscape more daunting for all applicants, including those utilizing lawful channels.
