New USCIS Policy May Lead to Deportation of Undocumented Immigrants Applying Through Family Sponsorship
A recent policy shift allows U.S. immigration authorities to initiate removal proceedings against undocumented immigrants applying for green cards through spouses or other family members.
On Monday, the U.S. Citizenship and Immigration Services (USCIS) issued new guidance that could allow federal immigration authorities to begin deportation proceedings against undocumented immigrants applying for lawful permanent residence through a spouse or other family member.
The policy, which has now taken effect, also applies to immigrants seeking permanent residency through other family relationships.
The USCIS policy manual now states that immigrants, along with their sponsoring spouses or family members, “must be aware that a family petition does not grant any immigration status and does not prevent removal.” The update applies to both pending applications and those filed on or after August 1.
Immigration experts note that this policy targets a key pathway used by many immigrants to obtain a green card. Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, explained that the new rule allows USCIS to initiate removal proceedings against green card applicants “at any stage of the process.”
USCIS data shows that approximately 520,000 family-based petitions (Form I-130) were filed in the first six months of 2025. As of June, there were over 2.4 million pending petitions.
In a statement, USCIS said the new policy aims to “uphold the integrity of the U.S. immigration system by enhancing screening to detect and prevent immigration fraud, as well as threats to national security and public safety.”
The agency further noted that fraudulent or ineligible family-based visa applications “undermine trust in the legal permanent residency process,” stressing that qualifying marriages and family relationships must be genuine, verifiable, and compliant with all applicable laws.
Julia Gelatt, associate director at the Migration Policy Institute, stated that the policy aligns with the Trump administration’s mass deportation agenda. She added: “We see the administration sending a clear message to undocumented immigrants in every possible way: they should consider leaving the United States and returning to their home countries.”
Gelatt warned that the change will not only affect undocumented immigrants currently applying for green cards as a means to remain in the U.S., but could also impact individuals whose legal visas expire while awaiting decisions, DREAMers, and hundreds of thousands of immigrants whose legal status is now at risk due to the rollback of temporary legal pathways established under previous administrations.
