Last week, the United States Citizenship and Immigration Service (USCIS) announced two major changes to immigration status law.
Inadmissibility Based on Membership in a Totalitarian Party
On Oct. 2, USCIS issued new policy guidance to address inadmissibility based on membership in or affiliation with the Communist Party. The policy also covers any other totalitarian party membership. The USCIS Policy Manual states that membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”
Guidance on how to adjudicate inadmissibility due to membership in the Communist Party or any other totalitarian party is provided in the context of adjustment of status applications.
The policy states that unless otherwise exempt, any immigrant seeking admissibility to the United States who is a member or affiliate of the Communist Party or any other totalitarian party, subdivision or affiliate, domestic or foreign, is ineligible for citizenship.
This change to the policy manual will assist officers adjudicate this inadmissibility ground consistent with federal law.
DHS Proposes Rule to Strengthen Affidavit of Support Process
This new proposal by the Department of Homeland Security is designed to enforce current law and protect American taxpayers. In an October 1, 2020 press release, DHS announced they were publishing a notice of proposed rulemaking. This action is intended to increase the integrity of the country’s lawful immigration system, facilitate holding immigrant sponsors accountable for breach of contract and align agency policy in accordance with the May 2019 Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens.
“Reforming the immigrant sponsorship process will more effectively protect American taxpayers, ensure that aliens applying for permanent benefits don’t rely on public resources, and strengthen the accountability mechanism against those who fail to financially support aliens they sponsor,” said USCIS Deputy Director for Policy Joseph Edlow. “The department will continue to advance the president’s directive to properly enforce immigration laws and ensure the federal government is reimbursed should sponsored aliens receive public benefits, which is what Congress intended when they passed the relevant legislation.”
The update, if approved, would require that American citizens, U.S. nationals and lawful permanent residents who sponsor an immigrant via Form I-864, Affidavit of Support Under Section 213A of the INA, or Form I-864EZ, Affidavit of Support Under Section 213A of the INA, to provide:
- credit reports and credit scores
- certified copies of income tax returns for the last three years
- bank account information to effectively demonstrate they can maintain the required income.
The proposed rule would also any petitioning sponsor who received public benefits within the last 36 months – or to have defaulted on previous obligations to support an immigrant – must have a joint sponsor who has received no public benefits during that period.
Trump Revives Immigration Policy Banning Communists From U.S. Citizenship
According to an October 5, 2020 announcement, the Trump administration has provided new guidance on U.S. immigration laws. In an ongoing effort to protect U.S. national security, as well as distinguish the Chinese people from their Communist Party-led regime, the new changes make it virtually impossible for members of a Communist party to be granted permanent residence or citizenship in the United States. Almost all Chinese government officials, executives of state-owned enterprises, and officials at public institutions are members of the CCP. The majority of the Chinese citizens are not. It is estimated that out of their 1.4 billion people, 90 million are considered member of the Chinese Communist Party. (CCP)
The alert stresses that this proposed rule applies to those seeking immigrant status, and should not affect tourists or visitors with visas.
Fast Facts: The Migration Policy Institute, a US think tank, reports that as of 2018, about 5.5 percent (or 2.5 million) of the total foreign-born population in the U.S. consists of Chinese immigrants. In the same year, China ranked third as nation of origin (behind Mexico and Cuba) of the 1.1 million people granted permanent residency.
Not a New Law
This “new” policy actually resurrects the Immigration Act of 1918 that classified communists, anarchists, and others, as security threats. The law was revived during the Cold War with the Soviet Union. In 1950, the Internal Security Act excluded foreign members of communist or totalitarian parties from becoming naturalized U.S. citizens.
USCIS said the new rule was “part of a broader set of laws passed by Congress to address threats to the safety and security of the United States.” The intent of the policy, executed properly is to “help limit CCP infiltration of the U.S. and send a message to the Chinese people that U.S. policies are not against them, but against the regime which rules over them.”
If you have any questions regarding the ever-evolving landscape of immigration law, call the experienced immigration attorneys at Probinsky & Cole. Don’t go it alone – we can help.
