Page 38 - The Indian EYE 090525

IMMIGRATION SEPTEMBER 05, 2025 | The Indian Eye 38

Trump Resorts to Heightened Good Moral

Character Standard and Anti-Americanism

to Deny Citizenship and Immigration Benefits

BY CYRUS D. MEHTA AND in the naturalization context to ments. INA or the regulations. For judged to the standard of an
KAITLYN BOX* encompass a “holistic assess- • Length of lawful residence instance, USCIS spokesman average US citizen and not to
ment of an alien’s behavior, in the United States. Matthew J. Tragesser told the “world’s best of the best.”
he Trump Administra- adherence to societal norms, • Compliance with tax obliga- Newsweek: “U.S. citizenship
tion has been creatively and positive contributions tions and financial responsi- is the gold standard of citi- Anti-Americanism
Tfinding ways to put ob- that affirmatively demonstrate bility in the United States. zenship—it should only be of- On the same day, USCIS
stacles in the path of people good moral character”. The This policy shift is a sig- fered to the world’s best of the promulgated a second Policy
applying for US citizenship Policy Alert emphasizes that nificant departure from the best. Today, USCIS is adding Alert emphasizing that offi-
and other immigration ben- USCIS officers must now “ac- previous USCIS policy con- a new element to the natural- cers should assess whether
efits. In this latest obstacle, count for an alien’s positive cerning good moral charac- ization process that ensures a noncitizen has “endorsed,
broad and amorphous terms attributes and not simply the ter. Although the INA does America’s newest citizens not promoted, supported, or oth-
such as “anti-Americanism” absence of misconduct”, and not specifically defines good only embrace America’s cul- erwise espoused the views of a
and “good moral character” “place greater emphasis on an moral character, but USCIS ture, history, and language terrorist organization or group,
have been deployed as ways alien’s positive attributes and had previously held natu- but who also demonstrate including those who support
to evaluate, and perhaps deny, contributions in GMC deter- ralization applicants to the Good Moral Character. This or promote anti-American
a claim to citizenship, perma- minations”, including: standard of an average U.S. memo ensures that USCIS ideologies or activities, antise-
nent residence or another im- • Sustained community in- citizen, rather than requiring officers are accounting for an mitic terrorism, antisemitic
migration benefit. volvement and contribu- them to provide evidence of alien’s positive contributions terrorist organizations, and
antisemitic ideologies, in any
Heightened Good Moral tions in the United States. exemplary character or con- to American society—includ- case involving an exercise of
Character Standard • Family caregiving, responsi- tributions. See In re Mogus, ing community involvement, discretion”. The Policy Alert
On August 19, 2025, US- bility, and ties in the United 73 F.Supp. 150 (W.D. Pa. achievements, and financial highlights several case types
CIS issued a Policy Alert mod- States. 1947); Petition of De Leo, 75 responsibility rather than the where USCIS exercises dis-
ifying the standard for evalua- • Educational attainment. F. Supp. 896 (W.D. Pa. 1948); absence of their misconduct. cretion, including national
tion of good moral character • Stable and lawful employ- and Matter of Castillo-Perez, USCIS will continue to restore interest waivers, requests for
ment history and achieve- 27 I&N Dec. 664 (A.G. 2019). integrity in the nation’s immi- extension of stay, changes of
Holding naturalization gration system—especially status, reinstatement of F or
applications to the stan- when it comes to the presti- M nonimmigrant status, and
dard of an average U.S. gious privilege of citizenship.” certain “EB-5 investor peti-
citizen is consistent with According to the authors, tions and applications in cases
8 C.F.R. § 316.10(a)(2), it is not appropriate for the involving threats to the na-
which also also explicitly USCIS to require that an ap- tional interest, fraud, deceit,
states that U.S. Citizen- plicant demonstrate that they misrepresentation, and crim-
ship and Immigration are the “world’s best of the inal misuse”. “Anti-American
Services (USCIS) must best.” There is a separate cat- ideologies or activities” are
consider “the standards egory for immigration classifi- not defined in the Policy Alert,
of the average citizen in cation termed as the “person which raises concerns that the
the community of resi- of extraordinary ability” pur- term could be applied in a
dence” when assessing an suant to INA 203(b)(1)(A). way that is overbroad or pun-
applicant’s claim of good If a naturalization applicant ishes noncitizens for speech
moral character. The US- must demonstrate that they that is political or critical of
CIS evaluated good mor- are the “world’s best of the the Trump administration.
al character based on the best” Congress should have The Policy Alert also ref-
absence of certain crimi- required this in the INA and erences INA § 313(a) which
nal convictions and other that is not the case. An appli- provides that a noncitizen “(1)
serious offenses. Not so cant who is otherwise eligible who advocates or teaches, or
anymore after the pol- for naturalization and have who is a member of or affiliat-
icy shift. Applicants for not been convicted of a dis- ed with any organization that
citizenship will not have qualifying offense should be advocates or teaches, opposi-
m of to be prepared to pro- able to become a citizen even tion to all organized govern-
if they may not be the “world’s
vide positive evidence of
CYRUS D. MEHTA & PARTNERS PLLC good moral character at a best of the best.” ment; or (2) who is a mem-
ber of or affiliated with (A)
naturalization interview. One may currently be un-
the Communist Party of the

This would make it more employed because they cannot United States; (B) any other
onerous for applicants to find a job or they have retired,

  include numerous docu- but that should not be used totalitarian party of the Unit-
   
­ ments to ensure that the against them for not having ed States; (C) the Communist
€
‚   Political Association; (D) the
examiner is satisfied with stable employment. Similarly, Communist or other totalitar-
good moral character. one may be law abiding but ian party of any State of the
Indeed, USCIS may not have sustained com- United States, of any foreign
seems to be elevating the munity involvement and con- state, or of any political or
2 6th Floor standard that may not tributions to the US. A natu- geographical subdivision of

    be contemplated in the ralization applicant should be

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