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Trump weighs tighter green card rules for citizens of travel-ban nations

FP News Desk November 16, 2025, 13:14:08 IST

Internal DHS drafts obtained by The New York Times indicate that “country-specific factors” from the travel ban would count as major negative marks on immigration applications

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US President Donald Trump. (Photo: AFP)
US President Donald Trump. (Photo: AFP)

The US administration is reportedly preparing a new immigration policy that could sharply restrict green card and other status benefits for people from countries already listed under President Donald Trump’s travel ban.

Internal drafts from the Department of Homeland Security (DHS), reviewed by The New York Times, suggest the proposed changes would mark “country-specific factors” tied to the travel ban as major negative indicators for immigration applications.

What the draft policy would do

According to the draft guidance, US Citizenship and Immigration Services (USCIS) officers would be instructed to treat a person’s nationality from a travel-ban country as a “significant negative factor” when evaluating applications for green cards, asylum, parole, and other discretionary immigration benefits.

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Importantly, this change would not apply to applications for US citizenship.

Unlike current practice—where USCIS weighs things like community ties, criminal history, and humanitarian needs—the new policy would formally fold in nationality-based risk into the decision-making.

Critics raise alarm

Some immigration experts are calling the proposal “radical.” Doug Rand, a former senior USCIS official under the Biden administration, told The New York Times: “They’re trying to reach inside the United States and overturn the settled expectations of people who have already been here.”

Michael Valverde, a longtime USCIS veteran, added that it remains to be seen whether those from affected countries could realistically “overcome the negative” or whether this would amount to a de facto ban.

Sarah Pierce, a former policy analyst, argued that the proposal unfairly penalises individuals for shortcomings in their home government’s documentation or screening processes. She also warned that applying these rules to people already in the U.S. could pose serious legal vulnerabilities.

Which countries are covered

The draft refers to the same countries targeted by Trump’s travel ban, which was announced in June. These include 12 nations—largely in Africa and the Middle East—such as Afghanistan, Iran, Libya, Somalia, Yemen, and others. In addition, seven more countries face partial restrictions.

Who might still be exempt

Some groups remain protected under existing exemptions, though the new proposal could still affect their future applications. Exempt categories include:

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  • Individuals with valid visas already in hand

  • Current green-card holders (“lawful permanent residents”)

  • Athletes traveling for major events (like the 2026 World Cup or 2028 Olympics)

  • Afghans eligible under the Special Immigrant Visa (SIV) programme

  • Certain persecuted minorities, diplomats, and those granted national-interest waivers

Still, many critics point out that these exemptions don’t necessarily shield everyone, especially when it comes to future discretionary benefits.

Bigger picture: A shift in immigration policy

If implemented, this policy would represent a major escalation in Trump’s crackdown on legal immigration.

By embedding nationality directly into immigration adjudications, it shifts how risk is assessed—turning what were once discretionary decisions into ones that could be automatically biased against people from certain countries.

Immigration advocates warn this could undermine confidence among immigrants who believed they had more stable paths to permanent residency—and potentially open fresh legal challenges from civil rights groups.

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