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IMMIGRATION DECEMBER 12, 2025 | The Indian Eye 26
Trump’s Escalating Extreme Immigration
Measures Towards Noncitizens in the Wake
of the National Guard Member Shootings
Will Not Make America Any Safer
CYRUS MEHTA plied for political asylum in 2024 the US military at great risk to
and was granted asylum in 2025. their lives. It also does a disser-
n the wake of the tragic Trump has now cast a shad- vice to noncitizens who have im-
shooting of two National ow on not just Afghans who have migrated and are contributing
IGuard members on No- come to the US, but on all immi- to the US.
vember 26, 2025, one of whom grants including lawful perma- Trump’s escalating immigra-
has succumbed, Trump uses her nent residents and even people tion policies in the wake of the
death as a pretext to go after mil- who have naturalized. One per- shooting include:
lions who had nothing to do with son’s actions do not at all justify • Pausing all asylum decisions
this attack. The alleged suspect, the suspension of immigration • Stopped issuing visas to peo-
Rahmanullah Lakanwal, was benefits for all Afghan nationals ple from Afghanistan
paroled into the US from Af- and the imposition of draconi- • Reviewing green cards issued
ghanistan as part of Operation an immigration restrictions. We to people from countries of
Allies Welcome. This program should refrain from scapegoat- concern
evacuated and resettled tens of ing and tainting an entire immi- • Threatening to end migration
thousands of vulnerable Afghans grant community even if Trump from third world countries
following the US military with- is indulging in it. This sort of ra- and revoke citizenship from
drawal and the Taliban takeover cial profiling creates uncertainty some naturalized citizens
of the country. Lakanwal ap- and fear to Afghans who helped The USCIS is using the
countries that were included in
the Presidential Proclamation
of 6/10/2025 banning their na-
tionals as negative factors when
adjudicating benefits. The Proc- Trump posted this on X in a late night screed
lamation was issued under INA on the eve of Thanksgiving
212(f) which speaks to the en-
try of aliens that would be det- challenge the USCIS policy as even discretionary
rimental to the interests of the denials cannot be blatantly discriminatory.
United States. If USCIS relies We have pointed out in early March 2025 that
on INA 212(f) to deny benefits Trump’s policies towards noncitizens were cruel
to nationals of these countries and had no rational justification except to harass
who are already in the US, as and intimidate noncitizens. Just prior to the shoot-
opposed to those seeking entry ings too, the policy of detaining spouses of US
into the US, it should not apply citizens who appear for their adjustment of status
as these noncitizens are already interviews at USCIS offices was the unkindest cut
in the US. The USCIS’s denial of them all. This has been happening at the USICS
based on one’s country of na- office in San Diego, and we hope it does not
tionality under the Proclamation spread to other USCIS offices. The law allows the
could be challenged in court as spouse of a US citizen, along with other immedi-
an inappropriate reliance of INA ate relatives of US citizens such as minor children
m of 212(f). Although the USCIS has and parents to adjust status in the US under INA
CYRUS D. MEHTA & PARTNERS PLLC broad discretion in adjudicating 245(a). They are eligible for adjustment of status
immigration benefits such as ad-
even if the underlying visitor status has expired.
justment of status applications, Most of the times the visitor status expires after
even a blatantly discriminatory the adjustment of status application has been filed
policy as denying benefits solely and is processed at a glacial pace. This is beyond
based on one’s nationality might the applicant’s control. Now Trump’s ICE agents
withstand a court challenge. with masks appear at an adjustment of status in-
Unfortunately, Congress has terview to detain the unsuspecting spouse who is
precluded challenges to deni- all set to adjust status and become a permanent
als of discretionary relief under resident. The spouse would still become a perma-
2 6th Floor INA 242(a)(2)(B). So, it may be nent resident while in removal proceedings before
difficult but not impossible to an Immigration Judge, but what a colossal waste of
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