Trump Administration Green Card Memo Threatens Legal Immigration, Risks Increased Family Separation And Economic Harm

By Center For Americans Progress Photos: Wikimedia Commons Washington, D.C. — A new Center for American Progress report details how a recent U.S. Citizenship and Immigration Services (USCIS) policy memorandum could effectively eliminate the pathway through which a majority of green card applicants obtain lawful permanent residence in the United States. The policy memo claims adjustment of status—a legal process established by Congress in 1960 allowing eligible noncitizens to apply for permanent residency from within the United States—is an “extraordinary matter of discretion” rather than standard policy. The memo could require many eligible immigrants already living and working in the United States to return to their home countries to apply for permanent residency via consular processing at a U.S. embassy or consulate. Key findings: Risk of extended family separation: More than half of all green card recipients in recent years obtained permanent residency via adjustment of status within the United States. Forcing permanent residency applicants to apply abroad increases the risk of lengthy family separations. Negative economic impact and business disruption: Immigrants awaiting green cards can hold legal authorization to work in the United States. Forcing these immigrants to leave their jobs to apply for permanent residency abroad threatens critical industries facing labor shortages and increases uncertainty for American employers. Consular system overload: Applicants at U.S. embassies and consulates already face major delays due to new vetting and interview requirements, with appointment wait times exceeding a year in several countries. An influx of additional permanent residency applicants risks overwhelming the consular system. Decreased ability to review denials: Unlike adjustment of status applications denied within the United States, which may be reopened or reconsidered, consular denials offer no appeal process except in rare circumstances, leaving permanent residency applicants at higher risk of being stranded overseas. “The Trump administration’s memo effectively turns a well-established, 66-year-old legal process on its head,” said Ben Greenho, senior policy analyst for Immigration Policy at CAP. “By increasing the chances that people who are already living, working, and raising families in the United States will have to leave the country just to apply for a green card, the administration isn’t fixing our immigration system—it’s weaponizing red tape. The administration should instead focus on modernizing and fully resourcing the legal immigration system to strengthen our economy.” Read: “Trump Administration Green Card Memo Is Another Attack on Legal Immigration That Risks Separating Families and Harming the Economy” by Ben Greenho