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By Dan Gooding
Associate News Editor
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The Trump administration has warned immigrants applying for green cards or U.S. citizenship that if they "hate America" they will not see their applications approved.
In a statement to Newsweek on Tuesday, the Department of Homeland Security (DHS) confirmed reporting by The New York Times that immigration agents were vetting immigrants for their political views—a move that sparked concern among lawmakers and free speech advocates.
U.S. Citizenship and Immigration Services (USCIS) spokesman Zach Kahler said that those who expressed "hatred for American values" or desecrated the American flag, as well as espoused extremist views, and advocated for the "violent overthrow" of the U.S. would see their applications being denied.
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“If you hate America, you have no business demanding to live in America," Kahler told Newsweek, adding that the Biden administration had undermined basic vetting.
Why It Matters
The ramping up of scrutiny over immigrants' opinions comes after USCIS said in April 2025 that it would monitor social media accounts of applicants for antisemitism, which critics said was a move aimed at those expressing concern for Palestinians rather than anti-Jewish messaging. Later last year, the Trump administration said it was monitoring for anti-American viewpoints.
After foreign students were detained and saw their visas revoked over expressing pro-Palestinian views, First Amendment advocates argued that they should be protected by the constitutional right to free speech.
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New USCIS Directive: What To Know
According to the Times, which reviewed internal DHS documents, the new policy would see immigrants applying for permanent legal status or naturalization come under greater scrutiny over their political views.
On Tuesday, Kahler told Newsweek that this was part of a wider effort to increase scrutiny of immigrants already in the U.S.
“By law, aliens applying for naturalization must demonstrate good moral character and attachment to the principles of the Constitution, which includes a commitment to American values," he said.
USCIS is looking closely at "certain behaviors and statements" that might raise concerns for USCIS agents reviewing applications. Those behaviors, Kahler said, included expressing terrorist ideologies, hatred for American values, or calling for the overthrowing of the U.S. government.
“Citizenship or a green card are both privileges reserved for individuals who respect and uphold the principles upon which this nation is founded, and evaluating aliens based on their own words and actions is both fair and reasonable," Kahler said.
USCIS is the part of DHS that decides on immigration benefits in the U.S. The majority of immigrants have already been vetted for legal status at some point before USCIS sees an application for a green card or citizenship.
According to the documents seen by the Times, officers could deny one of these applications if a person has posted to social media, "Stop Israeli Terror in Palestine" with an image of an Israeli flag crossed out. Agents were told to weigh such posts as "overwhelmingly negative," the outlet reported.
First Amendment Concerns
News of the directive sparked concerns from lawmakers and rights groups.
Brian Hauss, the deputy director of the ACLU's Speech, Privacy, and Technology project, told Newsweek Tuesday that the Supreme Court had affirmed noncitizens have First Amendment rights.
"Granting immigration benefits only to those who share the administration's views betrays the values on which this country was founded," Hauss said. "While the administration currently seeks to penalize flag desecration or speech about Israel-Palestine, there is no telling what political opinions it will try to censor in the future. We should all be concerned about the government's abuse of the immigration system to suppress dissent."
Similar sentiments were heard from Maryland Democratic Senator Chris Van Hollen, who took to X Monday to call the change "outrageous".
"Trump plans to deny legal residency in the US based on whether he agrees with your speech," he posted. "Since when did it become "anti-American" to criticize the actions of a foreign government? Who is he fighting for?"
Civil liberties organization Defending Rights and Dissent posted to X, "The Trump admin's new guidance instructs immigration officials to deny green card applicants for protesting Israel's genocide in Gaza. This is an incredibly disturbing attack on free speech, with the government deciding who can enter the country based purely on their expression of political views."
What Happens Next
According to the Times, the policy was in effect as of last month. The State Department and DHS are already scrutinizing the social media accounts of potential U.S. immigrants and visitors.
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