Immigration restrictions in the United States continue to expand. Along with TPS cancellations, visa restrictions or bans for citizens of certain countries, and various other measures related to immigration processes, a new policy has been added: asylum applications for all petitioners are paused, immigration benefits for citizens of 19 countries are frozen, and previously granted benefits to citizens of these countries will be reviewed.
What Are the Details?
The USCIS statement, dated December 2, announces “a pause and review of all pending asylum applications and all USCIS benefit applications filed by foreign nationals from high-risk countries.”
This means USCIS officers have three specific directives:
- Pause all I-589 applications (for asylum and withholding of removal).
- Pause immigration benefit applications from foreign nationals of countries listed in Presidential Proclamation 10949.
- Review benefits previously granted to foreign nationals from those countries who entered the U.S. before or after January 20, 2021.
The pause has no defined end date, and USCIS has not clarified whether it applies to all stages of the process or only to final decisions. Sources indicate that forms are still being accepted and interviews are being conducted, but final decisions — both approvals and denials — are currently on hold.
Regarding increased scrutiny, the USCIS memo emphasizes the need to investigate past, present, or potential future involvement with criminal associations that could pose a risk to the community.
Who Is Directly Affected?
The measure affects all asylum seekers and applicants for withholding of removal who use Form I-589. Contrary to what some media reports suggest, the suspension does not apply only to nationals of “high-risk” countries; it applies universally to anyone who has submitted or plans to submit an asylum application using that form.
Second, it affects nationals of 19 “high-risk” countries who have pending immigration benefit applications (such as green cards, work permits, or citizenship — not just asylum) or who received benefits and entered the U.S. on or after January 20, 2021.
The high-risk countries are those listed in the Presidential Proclamation of June 4, titled Presidential Proclamation (PP) 10949, which restricts the entry of certain foreign nationals to protect the United States from foreign terrorists and other threats to national security and public safety.
These countries are: Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
It is extremely difficult to estimate how many people will be affected by this new policy, but some sources suggest that refugees admitted during the Biden administration will be among the most impacted — around 200,000 people.
What Is the Goal?
The trigger for the policy was an incident in Washington, D.C., on November 26, in which one National Guard officer was seriously injured and another killed. The suspect is an Afghan national. USCIS also cited another incident involving an Afghan national who attempted a terrorist attack on Election Day. Finally, the government referenced the Executive Order “Protecting the United States From Foreign Terrorists” as the policy’s foundation, stressing the need to keep the country safe from terrorism and the critical role USCIS plays in thoroughly vetting individuals before granting immigration benefits.
As mentioned, the suspension’s duration has not been specified. However, USCIS announced that within 90 days of issuing the memorandum (December 2), it will provide operational guidance and prioritize a list for review, interviews, and referrals to ICE and other agencies.
If you are an immigrant and fall into one of the categories mentioned in this article, it is strongly recommended that you consult an immigration attorney to discuss your options and potential next steps.
Related Resources
- The Massive Increases for H-1B Visa Workers, Explained (FindLaw's Law and Daily Life
- Asylum and Refugee Law (FindLaw’s Learn About the Law)
- New Policy Would Make Getting a Green Card a 'Weighty' Matter (FindLaw’s Law and Daily Life)
