U.S. Implements Sweeping Immigration Policy Changes Amidst National Security Concerns
The U.S. government has initiated a series of significant immigration policy changes, including the suspension of certain immigration processing and comprehensive reviews of existing green cards and visa applications. These actions follow a shooting incident near the White House involving an Afghan national and stem from stated national security concerns and a broadened interpretation of the "public charge" provision of immigration law. The changes affect nationals from numerous countries and have prompted a legal challenge from civil rights organizations.
Context: White House Area Shooting
The policy adjustments began after a shooting incident near the White House, in which two National Guard soldiers sustained injuries. The individual identified as the alleged gunman, Rahmanullah Lakanwal, is an Afghan national who entered the U.S. in 2021 under a program offering special immigration protections to Afghans following the U.S. withdrawal from Afghanistan. U.S. President Donald Trump described the shooting as an "act of terror" and a "significant national security threat."
Immediate Policy Response: Afghan Nationals
In response to the shooting, U.S. Citizenship and Immigration Services (USCIS) announced the suspension of all immigration requests for Afghan nationals. This decision was made pending a comprehensive review of existing security and vetting protocols.
Expanded Security Reviews and Green Card Re-examination
Following the initial suspension for Afghan nationals, the Trump administration announced broader measures focused on security vetting. Joseph Edlow, head of USCIS, stated that President Trump directed a "full scale, rigorous re-examination of every green card for every alien from every country of concern." This re-examination applies to green cards issued to individuals from an expanding list of countries, particularly those who entered the U.S. on or after January 20, 2021.
"President Trump directed a full scale, rigorous re-examination of every green card for every alien from every country of concern."
Initial Scope
Initially, 19 countries were cited, including Afghanistan, Cuba, Haiti, Iran, Somalia, and Venezuela. Other countries mentioned included Burma, Chad, the Republic of Congo, and Libya.
Expansion
The Department of Homeland Security (DHS) later announced a pause on immigration applications from an additional 20 countries, predominantly in Africa, such as Angola, Nigeria, Senegal, Tanzania, and Zimbabwe. This expanded the total list of countries under heightened scrutiny to 39 for certain travel restrictions.
Affected Applications
The suspension of reviews applies to pending applications, including those for visas, green cards, citizenship, and asylum for individuals from these nations.
Rationale
USCIS cited national security concerns, high overstay rates, and significant fraud as reasons for these measures, stating a commitment to "ensuring aliens from high-risk countries of concern who have entered the United States do not pose risks to national security or public safety."
Review Process
The review process may include interviews and potential referrals to immigration enforcement or other law enforcement agencies. USCIS is tasked with creating a prioritized list of individuals for review within 90 days, with the duration of the pause to be determined by the USCIS Director.
Exceptions
Specific exceptions for athletes and team members participating in the World Cup and 2026 Olympics, both scheduled to be hosted by the U.S., were outlined in relation to these expanded restrictions.
Immigrant Visa Processing Suspension Based on 'Public Charge' Rule
Concurrently, the U.S. State Department announced the suspension of immigrant visa processing for citizens from 75 countries, effective January 21. This decision is based on a November order that tightened rules regarding potential immigrants who might become a "public charge" in the United States.
The administration's stated intent is to curb what it describes as "abuse" of the system.
Policy Rationale
State Department spokesperson Tommy Pigott stated that the pause allows the State Department to reassess immigration processing procedures to prevent the entry of foreign nationals who might utilize welfare and public benefits. The administration's stated intent is to curb what it describes as "abuse" of the system.
Scope
This suspension specifically affects immigrant visas, which are for permanent residency and employment. It does not apply to non-immigrant visas, such as temporary tourist or business visas. Dual nationals holding a valid passport from an unaffected country are exempt.
Vetting Requirements
The November guidance instructed U.S. Embassy and consulate officials to conduct thorough vetting of visa applicants to ensure they would not require government public benefits after entering the U.S. This expanded federal law's existing requirement for individuals seeking permanent residency to demonstrate they would not be a public charge.
Expanded Criteria
Consular officials are now mandated to consider a comprehensive set of personal details for visa seekers, including age, health, family status, finances, education, skills, any prior use of public assistance (regardless of country), and English proficiency, which may be assessed through interviews.
Non-Immigrant Visa Screening
A separate directive called for non-immigrant visa applicants to be screened for their potential reliance on public benefits while in the U.S. Applicants are required to demonstrate that they would not apply for public benefits, and officers suspecting otherwise may require further financial proof.
Duration
The suspension is indefinite, stated to remain in effect "until the U.S. can ensure that new immigrants will not extract wealth from the American people."
Broader Immigration Policy Adjustments
These actions are part of several other immigration-related decisions by the administration:
- USCIS has paused all asylum decisions.
- The State Department halted visas for Afghan individuals who assisted U.S. war efforts.
- USCIS announced a review of the cases of all refugees who entered the U.S. during the Biden administration.
- The administration expanded travel restrictions, increasing the list of affected countries and including the Palestinian Authority.
- A refugee admissions cap of 7,500 for the 2026 fiscal year was announced, representing the lowest in U.S. history.
- Cuts were implemented in foreign aid programs supporting refugees in other countries.
- Fees for H-1B visas were increased.
- The State Department reportedly revoked over 100,000 visas since the beginning of the Trump administration.
- DHS reported over 605,000 deportations by early December, with an additional 1.9 million people having "self-deported."
- A Brookings Institution analysis indicated a net negative immigration in the U.S. for 2025, estimated at a loss of 10,000 to 295,000 immigrants.
Legal Challenge to 'Public Charge' Policy
A coalition of civil rights organizations and U.S. citizens has filed a lawsuit against the State Department, challenging the suspension of immigrant visa processing for the 75 countries. The lawsuit, filed in Manhattan federal court, contends that the policy attempts to negate established immigration law and constitutes a nationality-based prohibition on legal immigration, thereby depriving families and workers of legally guaranteed processes.
Arguments
The lawsuit highlights that current law has not historically considered individuals inadmissible solely for receiving, or potentially needing, non-cash public benefits or private charitable aid. Efrén Olivares, Vice President of Litigation at the National Immigration Law Center, stated that the State Department did not adhere to regulatory procedures before enacting the broad visa pause and questioned the assertion that every individual from an entire country would pose a "public charge" risk.
"The State Department did not adhere to regulatory procedures before enacting the broad visa pause and questioned the assertion that every individual from an entire country would pose a 'public charge' risk."
Plaintiffs
Plaintiffs include U.S. citizens separated from family members due to the policy, such as a Colombian physician, approved for an "Einstein Visa" due to extraordinary ability, who was deemed ineligible for an employment-based immigration visa because Colombia is on the list.
Related Research
A study by the Cato Institute reported that immigrants, on a per capita basis, consumed approximately 24% less in welfare benefits than native-born Americans, attributing this to positive selection among immigrants and restricted legal access to welfare programs.
Countries Affected by Immigrant Visa Suspension (75 Nations)
The U.S. State Department published a list of the 75 countries whose citizens will be subject to the immigrant visa processing suspension:
- The Americas: Antigua and Barbuda, Bahamas, Barbados, Belize, Brazil, Colombia, Cuba, Dominica, Grenada, Guatemala, Haiti, Jamaica, Nicaragua, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Uruguay.
- Europe: Albania, Belarus, Bosnia and Herzegovina, Kosovo, Moldova, Montenegro, North Macedonia.
- Asia-Pacific: Afghanistan, Armenia, Azerbaijan, Bangladesh, Bhutan, Cambodia, Fiji, Georgia, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Mongolia, Myanmar, Nepal, Pakistan, Russia, Syria, Thailand, Uzbekistan, Yemen.
- Africa: Algeria, Cameroon, Cape Verde, Côte d'Ivoire (Ivory Coast), Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Ghana, Guinea, Liberia, Libya, Morocco, Nigeria, Republic of the Congo, Rwanda, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, The Gambia, Togo, Tunisia, Uganda.