After his Deputy Chief of Staff ordered the capture of 3000 people daily for the administration’s deportation policy, Donald Trump has escalated the anti-immigration agenda.
The US Citizenship and Immigration Services (USCIS) has announced a policy that could lead to the deportation of those who have applied for green cards through their spouses of family-based sponsorship.
The change has already been announced and is in effect. This could affect both current and future applicants. It has also placed thousands of undocumented immigrants and legal visa holders at risk.
The USCIS has updated its guidance. It now says that filing for a family-based visa does not protect applicants from removal proceedings.
“Family-based petition accords no immigration status nor does it bar removal,” the memo warns.
Family-based green card applications have long been a cornerstone of the legal immigration process. The most common practice is through marriage to a US citizen. However, the Trump administration has repeatedly targeted this method. It has branded it as “chain migration.”
Melania sponsored her parents for their green cards, which allowed them to live in the US indefinitely & paved the way for citizenship <= THIS is exactly what Trump calls ‘chain migration’ and is trying to ban – except for white people, obviously.#Maddow https://t.co/jm4rL5qXvE pic.twitter.com/qDtQrGOuCO
— Polly Sigh (@dcpoll) August 9, 2018
This rhetoric has drawn severe criticism mainly because the First Lady Melania Trump has used the same route to sponsor her Slovenian-born parents, who then became US citizens in 2018.
The new USCIS guidance cites that there is a need to combat fraud.
“Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States,” the agency stated.
However, immigration experts warn that the main aim of the policy goes far beyond preventing fraud. Julia Gelatt is the associate director of the US Immigration Policy Program at the Migration Policy Institute.
On August 1, 2025, USCIS issued updated policy guidance confirming that it may issue a Notice to Appear (NTA) placing a noncitizen in removal proceedings if the person is otherwise removable under immigration law, even if a family-based immigrant visa petition such as Form I-130 pic.twitter.com/Dynbt6HX6a
— AK Poku Law, PLLC (@greencard1awyer) August 3, 2025
She has told NBC News that the move could more so affect immigrants who are otherwise law-abiding but whose visas have lapsed while waiting for processing. This mostly happens due to the government backlog.
NBC News analysis claims that there are currently 2.9 million pending I-130 family-based petitions. These petitions are the first step toward a green card. Out of these, more than half a million were filed in the first half of 2025 alone. The immigration courts are severely backed up.
After the recent firing of judges and clerks, the backlog now stands at 11.3 million cases.
These figures show that long delays are common. And they leave applicants in legal limbo. In many cases, there is a good chance that an individual’s temporary visa may expire during the waiting period. It will now place them at risk under the new rules.
Temporary Protected Status was designed to be just that—TEMPORARY. Granted for 18 months under extraordinary circumstances. It was never meant to last a quarter of a century.
For many of these countries, TPS was granted in the 90’s after natural disasters. Now that conditions… pic.twitter.com/x7LY1xbGcd
Family-based green card seekers could now face removal under new USCIS guidance, deepening fears among undocumented immigrants.
— Homeland Security (@DHSgov) July 15, 2025
Even recipients of the Temporary Protected Status (TPS) program are at risk, more so now that the protected status has been rescinded and narrowed by Trump, which includes tens of thousands of immigrants who have come to America from countries facing war, disaster, or persecution.
In a statement to the Daily Beast, USCIS defended the policy. It says, “USCIS is dedicated to ensuring integrity in the U.S. immigration system through enhanced screening and vetting to deter, detect, and disrupt immigration fraud and threats to our national security and public safety.”
NEW: Family-Based Immigration Petitions: A U.S. citizen or lawful permanent resident (LPR) can file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) to sponsor a family member (e.g., spouse, parent, child, or sibling) for a green… pic.twitter.com/wmGEsEwaOM
— hernando arce (@hernandoarce) June 10, 2025
Critics argue that this policy has nothing to ensure system integrity. This is more about intimidating immigrant communities. With millions in legal limbo and family unity at stake, the administration’s latest policy has sparked widespread concern and renewed calls for comprehensive immigration reform.
