Written by Wendy Fry, CalMatters
The recent directive from the Trump administration regarding legal immigration is generating significant confusion. Just before Memorial Day, a sweeping policy change was announced, requiring most temporary visa holders and humanitarian parolees living in the United States to return to their home countries while awaiting their green cards.
The memo accompanying this directive challenged the long-established practice of allowing immigrants to stay in the U.S. during their application process, asserting that individuals must return home except in “extraordinary” situations. This declaration ignited a wave of panic among immigrant families and legal practitioners.
In an attempt to mitigate the negative fallout from this announcement, the Trump administration downplayed the policy’s implications. The Department of Homeland Security clarified to the New York Times that the directive wasn’t a blanket policy and emphasized that U.S. Citizenship and Immigration Services employees retain discretion in their decision-making processes.
Patrick Kolasinski, a Modesto-based immigration attorney, characterized the administration’s response as an effort to shield itself from public backlash and potential litigation, claiming the tactics employed in the memo could be deemed illegal. A spokesperson for the Department of Homeland Security indicated that groups most affected may include individuals overstaying their visas and those from countries where public assistance is frequently utilized.
Impact of the New Green Card Regulations
The far-reaching implications of these new rules primarily affect relatives of U.S. citizens, laid-off tech workers, mixed-status families, and international students currently in the U.S. The adjustments target individuals applying for permanent residency—a process termed adjustment of status. According to DHS, approximately half of the annual green cards are awarded to individuals already residing in the United States.
In 2023, California issued 112,100 green cards through adjustment of status, more than any other state and nearly one-fifth of all adjustments nationwide. Notably, family-based applications make up the majority, with about 64% of green card recipients in 2023 obtaining their status via familial ties to U.S. citizens or lawful permanent residents, as stated by the DHS.
Whether the new policy applies to those with ongoing adjustment applications remains unclear. Lynn Damiano Pearson, a legal strategist at the National Immigration Law Center, points out that immigration attorneys have observed U.S. Citizenship and Immigration Services officials posing questions during interviews that strongly suggest a retroactive application of the new policy.
Congressional Origins of Status Adjustment
Established in 1952, the adjustment of status system has been utilized by administrations from both political parties for over seven decades, with more than 500,000 individuals leveraging it each year. The latest memo reframes this process as “extraordinary,” prompting significant criticism from legal experts.
Jeff Joseph, president of the American Immigration Lawyers Association, condemned the memo, predicting it would face legal challenges. Similarly, Nina Sheridan, spokesperson for California Attorney General Rob Bonta, argued that the Trump administration is hindering legal immigration and erecting obstacles for immigrants seeking lawful residency.
Concerns Over Potential Deportation Risks
The memo evokes fears among green card applicants who rely on the government’s goodwill to allow their original visas to expire during the lengthy interview wait times. Immigration lawyers express apprehension that the new policy may become grounds for denial of interviews, potentially leading to expedited exclusion proceedings for applicants. Experts cannot dismiss the likelihood of immediate detentions by ICE agents post-interview.
Returning Home May Not Be Feasible
For many applicants, engaging in the consular process is far more cumbersome than simply booking a flight. With the State Department’s processing wait times stretching for years, many face impractical and unsafe scenarios. For numerous individuals, it may entail extended separation from U.S. citizen spouses, children, employers, and communities.
Additionally, visa processing remains suspended in over 70 countries, posing further challenges. Individuals who overstay their visas and subsequently apply from abroad risk being banned from returning to the U.S. for three to ten years, complicating the path forward.
Guidance for Clients from Immigration Lawyers
Immigration attorney Patrick Kolasinski highlighted that his clients are feeling anxious about their upcoming green card interviews amid this policy uncertainty. With no certainty regarding the presence of law enforcement or their operational parameters, Kolasinski emphasizes the importance of legal representation during these critical moments.
He strongly advises clients to refrain from attending interviews alone, suggesting that no immigration-related matter should be handled without the accompaniment of a lawyer. His perspective captures the heightened sense of unpredictability that has characterized immigration processes in recent months.
CalMatters Journalism Engineer Mohamed Al Elew contributed to this report.
