United States: Federal Government Announces Immigration Restrictions After National Guard Shootings

After the shootings of two National Guard members last week in Washington, DC, President Trump and federal officials announced new and forthcoming immigration restrictions that are to be imposed broadly on several groups of foreign nationals.  Though in most cases detailed plans have not been described, the Administration has announced the following:

Suspension of visa issuance to Afghan nationals. On November 28, the State Department announced in a social media post that it would suspend visa issuance to holders of Afghan passports. Since June 9, issuance of nonimmigrant and immigrant visas to Afghan nationals has already been generally prohibited under President Trump’s travel ban; however, some Afghan nationals may have been eligible for visa issuance under one of the travel ban exceptions.

Reexamination of permanent residence applications of foreign nationals from countries of concern.  According to a social media post from USCIS Director Joseph Edlow, the agency will review pending and approved permanent residence applications of individuals from countries of concern, which are reportedly the 19 countries subject to President Trump’s June 2025 travel ban.  Those countries are Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen. 

Suspension of asylum application adjudication; review of pending and approved refugee green card applications.  USCIS has ordered the suspension of the adjudication of all pending applications for asylum.  In addition, the agency will reportedly conduct a review of all refugees who entered the United Statues during the Biden Administration and has placed a hold on the adjudication of all green card applications filed by such refugees.  USCIS will reportedly investigate refugees who entered the United States between January 20, 2021, and February 20, 2025.  An estimated 233,000 refugees were admitted during this timeframe.

Authorization of USCIS officers to consider country circumstances when adjudicating discretionary benefits applications.  New guidance from USCIS allows officers to take into consideration facts and circumstances concerning an applicant’s country of citizenship or nationality when adjudicating applications for immigration benefits that are discretionary.  This includes applications for adjustment of status to permanent residence, applications for nonimmigrant changes or extensions of status, Employment Authorization Documents (EADs), temporary protected status, refugee and asylum applications, and humanitarian parole, among other filings.  

According to the guidance, circumstances can include whether the country has a high rate of overstays or whether it has a reliable central authority for issuing passports and other identity documents. Such circumstances, in combination with specifics facts relating to a foreign national’s conduct after admission, could be a negative factor in an adjudicator’s discretionary decision whether to approve a benefits application.  Note that consideration of country circumstances is not limited to the 19 countries of concern identified in President Trump’s June entry ban order. The guidance applies to benefits requests pending or filed on or after November 27, 2025.

Plans to bar immigration from certain countries. President Trump said he will permanently halt immigration from countries he characterized as “third world,”  and reemphasized his authority to suspend the entry of foreign nationals under Section 212(f) of the Immigration and Nationality Act.  It is not clear which countries would be included in any such ban, though it is possible that the President could broaden existing proclamations or executive orders or issue new directives to fulfill his stated plan.

Fragomen is closely monitoring the announced restrictions and will provide further information as more details come to light.