Trump admin walks back green card memo as Asian backlogs loom
The Trump administration is downplaying a new green card policy memo that immigration advocates warn could push hundreds of thousands of applicants, many of them Asian, to pursue permanent residency from abroad.
Memo prompts walkback
The U.S. Citizenship and Immigration Services (USCIS) issued the memo May 21 ordering officers to treat in-country adjustment of status as “extraordinary discretionary relief.”
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesperson Zach Kahler said in a subsequent statement. “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
Facing backlash from attorneys, business groups and immigrants, however, the Department of Homeland Security (DHS) said over the weekend that the guidance simply restates existing law and does not impact existing green card holders. “This policy will have no noticeable impact on highly qualified applicants and skilled professionals who have followed the law,” it said. “These aliens benefit the national interest and provide economic benefits to the United States and will continue to merit the favorable exercise of discretion.”
Higher bar for adjustment
Adjustment of status lets eligible immigrants already in the U.S. obtain a green card without leaving. This makes for an alternative to applying through a U.S. embassy or consulate abroad. In fiscal 2023, 608,260 people received permanent residency through adjustment, compared with 564,660 who entered through consular processing, according to the American Immigration Council.
The memo raises the threshold for approval well beyond past practice. While it treats an overstay or failure to maintain immigration status as significant negative factors, it does not categorically bar any group. Now, pending applicants are already being asked to demonstrate “extraordinary circumstances.”
Disproportionate impact on Asians
Nearly 1.5 million Asian immigrants are reportedly in family-based green card backlogs, with some categories for India and the Philippines facing waits approaching or exceeding two decades. The tech sector appears to bear the brunt of such policy change, as foreign-born workers make up 23% of the American STEM workforce.
“Given that Indians and the Chinese are the two countries from which this is most sought after, I think it would have a disproportionate impact on them,” Harsh Pant, professor of international relations at King’s College London, told the South China Morning Post.
Legal challenges to the memo are likely, but it remains unclear whether courts will block the policy while litigation proceeds.
This story is part of The Rebel Yellow Newsletter — a bold newsletter from the creators of NextShark, reclaiming our stories and celebrating Asian American voices.
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