On August 19, 2025, USCIS updated its Policy Manual so that “anti-American activity”—including publicly expressed beliefs or affiliations—can now count against a person seeking immigration benefits like green cards, work permits, or naturalization. The agency also broadened its social-media screening efforts to include signs of anti-American or antisemitic behavior.
What “Discretionary” Means
This new policy applies to cases where USCIS officers must make judgment calls—so-called “discretionary decisions.” Essentially, USCIS can use any sign of anti-American beliefs as an “overwhelmingly negative factor” when officers determine who should be approved or denied for immigration benefits.
Even if someone is technically eligible under the law, this subjective standard gives immigration officers a lot more power to deny benefits based on what can be seen as personal beliefs. There’s also no clear definition of what counts as “anti-American” views, which only raises more serious concerns about fairness and consistency.
Why This Is Concerning and Scary
This policy is subjective and vague. Without an exact definition, what’s considered “anti-American” can vary wildly from one officer to another—making outcomes unpredictable. And this doesn’t only apply to new applications, but also to those that were submitted previously, but are still pending.
It also has detrimental repercussions on our freedom of expression. According to the Constitution, everyone in the U.S. has the freedom of speech and expression, regardless of whether they are citizens, immigrants, visitors, or undocumented. However, this new policy will make it so that immigrants, even lawful ones, will feel pressured to censor themselves, especially on social media, to protect their immigration status.
The policy also states that USCIS will become stricter in reviewing applicants’ online presence. This means, any post that appears critical of U.S. policies or history—especially on sensitive topics—could be flagged as “anti-American.”
What We Can Expect
While this new policy is certainly unjust and scary, there are still ways we can ensure that cases are fairly processed. Although this policy is discretionary, this means that discretion can also lean in favor of the applicant; ultimately, USCIS must still follow the legal framework and evidence-based analysis.
Additionally, if applicants do not receive a favorable outcome, there are still ways to fight back. With any denial, there is a right to respond. If an application is flagged for such reasons late in the process, clients can ask for clarification and provide context or additional information. If a denial seems arbitrary or lacks a fair explanation, legal action or appeals can also be an option.
Conclusion
Ultimately, this policy is still too new to say exactly what we can expect. Even if it is implemented on paper, we won’t know what it will mean for us and our clients until we see it in action. Our hope is that immigration officers remember their duty not only to the U.S. but to the immigrants who want to build their lives here. We will continue to keep you updated as this develops further.
Sources
- https://www.uscis.gov/newsroom/news-releases/uscis-to-consider-anti-americanism-in-immigrant-benefit-requests
- https://ogletree.com/insights-resources/blog-posts/uscis-updates-policy-manual-new-discretionary-factors-focusing-on-anti-american-activity/
- https://apnews.com/article/immigration-uscis-antiamerican-7240aac0437487ddd5441c49a290db4c
- https://www.uscis.gov/newsroom/news-releases/first-100-days-uscis-delivering-on-making-america-safe-again
- https://apnews.com/article/immigration-uscis-antiamerican-7240aac0437487ddd5441c49a290db4c
- https://www.theguardian.com/us-news/2025/aug/19/immigration-social-media