USCIS Tightens Immigration Scrutiny Over Anti-American Activity

Key Point 

• U.S. Citizenship and Immigration Services will now treat support for anti-American ideologies or terrorist organizations as a heavily negative factor in discretionary immigration benefit decisions 

Expanded Discretionary Review: What’s New as of September 22, 2025

USCIS has updated its Policy Manual to broaden the scope of discretionary review across several immigration benefit categories, including parole, adjustment of status and EB-5. Officers are now instructed to consider a wider range of factors when evaluating applicants, with particular attention to:

• Support for Anti-American Ideologies: Applicants who express or endorse views hostile to U.S. values—such as antisemitic rhetoric or affiliation with terrorist organizations—may be denied benefits.
• Social Media Activity: Online behavior is now explicitly part of the discretionary analysis. Posts, affiliations and shared content may be reviewed for alignment with U.S. interests.
• Agency-Specific Guidance: USCIS has outlined how different government offices should apply these factors, with examples of flagged behaviors and affiliations.

Immigration Scrutiny for Anti-American Activity  

On August 19, 2025, USCIS updated its Policy Manual to expand discretionary review in immigration benefit adjudications. The revised guidance applies to benefits such as parole, adjustment of status and employment-based petitions (including EB-5).  

The update reflects USCIS’s intent to prioritize national security and public safety by scrutinizing support for anti-American ideologies, antisemitic activity and terrorist organizations. 

According to USCIS, these changes reflect the intent to reinforce national security and public safety considerations in benefit determinations. 

Effective Date and Applicability 

This guidance is effective immediately and applies to all pending and future immigration benefit requests. 

Key Highlights of the Anti-American Guide Changes

• Discretionary Review Expansion: USCIS officers are now directed to consider whether applicants have endorsed, supported or promoted anti-American or antisemitic ideologies, or terrorist organizations. These factors may significantly impact eligibility for discretionary immigration benefits. 
• Social Media Activity: USCIS clarified that social media posts and affiliations may be reviewed as part of the discretionary analysis. Officials may treat content suggesting anti-American sentiment or antisemitic views as heavily negative factors.
• Affected Immigration Benefits: The updated guidance applies to a broad range of discretionary benefits, including: 
  • Parole. 
  • Adjustment of Status. 
  • Employment-based petitions (e.g., EB-5). 
  • Student visa extensions and changes of status. 
• Good Moral Character Requirement: USCIS reiterated that immigration benefits are a privilege, not a right. Applicants must demonstrate good moral character and compliance with U.S. immigration laws. 

Policy Manual Revisions 

USCIS has updated the following sections of the Policy Manual to reflect the new guidance:

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