Here are some noteworthy immigration developments as we head into Labor Day weekend:
Trump administration reviewing all 55 million U.S. visa holders
The Associated Press reported that all 55 million foreigners with U.S. visas are now subject to “continuous vetting” by the Trump Administration for violations that could result in visa revocation and deportation. New technology allows for automated data collection from social media accounts, immigration history, and criminal records searching for overstays, criminal offenses (e.g., DUIs), support for terrorism, and anti-American ideas (see next section). This is a major expansion of the government’s policy targeting international students this spring. All visa holders should be mindful of this development when posting on social media.
Anti-American views is an “overwhelmingly negative” discretionary factor for immigration applications.
USCIS issued Policy Alert (PA 2025-16) that endorsing, promoting, supporting, or otherwise espousing anti-American views is now an “overwhelmingly negative” factor for any immigration application that involves an exercise of discretion. This factor now outweighs any positive factors (including conduct, character, family ties, immigration history, and humanitarian concerns) to deny applications. While not explicitly mentioned in the alert, support for Palestinian rights and protesting against Israel’s military actions on Gaza has be considered “anti-American.” Discretionary factors are applicable for the following immigration benefits: adjustment of status (green card), extension/change of status, EAD, fiancé petition, asylum, refugee status, TPS, humanitarian parole, and waiver of inadmissibility.
ICE proposes a fixed duration of stay for students, exchange visitors, and media
U.S. Immigration and Customs Enforcement (ICE) issued a notice of proposed rulemaking that fixes the duration of admission for F (students), J (exchange visitors), and I (media) visa classifications. These visas currently allow admission for “duration of status,” or the length of their authorized activity, but this proposal establishes time limits. ICE is seeking to increase its ability to monitor compliance for these visa holders. The public may comment on the proposed rulemaking until September 29, 2025.
Naturalization applicants must now show positive “good moral character”
USCIS issued Policy Memorandum (PM-602-0188) directing immigration officers to require naturalization applicants to demonstrate positive “good moral character” factors. Previously, the focus had been the absence of certain disqualifying criminal acts. Applicants must show positive character consistent with the average citizens of the local community considering all evidence and factors.
Positive factors:
- Sustained community involvement and contributions
- Family caregiving
- Educational attainment
- Stable employment history and achievements
- Length of lawful residence
- Financial responsibility and compliance with tax obligations
- Genuine rehabilitation from any negative factors
Negative/disqualifying factors:
- Reckless or habitual traffic infractions
- Harrassment
- Non-compliance with tax obligations
- Other acts that are contrary to the average behavior of citizens in the locality
- Disqualifying crimes: violent crimes and aggravated felonies
- Conditional bars: controlled substance violations, DUI, false claim to U.S. citizenship, and unlawful voter registration or voting
“Alligator Alcatraz” being emptied on judge’s orders
The Associated Press reports that the immigration detention center nicknamed “Alligator Alcatraz” is being emptied following orders by U.S. District Judge Kathleen Williams to wind down operations. Several lawsuits challenged the facility’s compliance with various laws: environmental laws, denial of legal rights to detainees (including lack of access to the legal system and attorneys, detention without charges, omissions from ICE’s online locator, and not holding custody and bond hearings), harsh conditions (flooding, mosquitoes, lack of water, and exposure), and Florida lacking authority to run an immigration detention center.
U.S. economy has lost up to 1.2 million foreign workers in 2025
The Latin Times reports that an economic study estimates the U.S. economy has shrunk by as many as 1.2 million foreign-born workers. This labor loss has contributed to economic strain especially in the agriculture, construction, and hospitality industries. A sharp decline in agricultural employment (6.5% nationwide over 4 months and up to 70% in Ventura County, California) has coincided with 7-8% increases in meat and vegetable prices. The construction and hospitality industries have seen declines or slower growth as well, leading to reduced construction and higher restaurant prices. These trends are expected to continue.