USCIS POLICY UPDATES YOU MIGHT HAVE MISSED (APRIL 1–11, 2025)

While most of the immigration spotlight has been on the H-1B lottery this April, several important — and potentially impactful — updates from U.S. Citizenship and Immigration Services (USCIS) have gone relatively unnoticed. From enforcement actions to policy shifts, here’s a round-up of what you should know.

On April 2, 2025, USCIS on its official website set out these two notifications:

Headline: USCIS Aids Major ICE Operation Leading to Arrest of 370 Illegal Immigrants in Massachusetts

Boston, April 2, 2025

Between March 18 and 23, a coordinated federal law enforcement operation led by Immigration and Customs Enforcement (ICE) resulted in the arrest of 370 noncitizens in Massachusetts, with significant support from USCIS.

The sweep targeted individuals with serious criminal backgrounds and affiliations with transnational gangs such as MS-13, Trinitarios, 18th Street, and Tren de Aragua. Of those arrested, 205 individuals had criminal convictions or pending charges, including six foreign fugitives wanted for crimes such as murder, drug trafficking, and money laundering.

Authorities also seized over 44 kilograms of methamphetamine, 5 kilograms of fentanyl, 1.2 kilograms of cocaine, as well as firearms and ammunition.

The enforcement action involved a wide array of federal partners, including the FBI, DEA, CBP, ATF, U.S. Marshals, Diplomatic Security Service, the U.S. Attorney’s Office for the District of Massachusetts, and USCIS.

This operation also reignited debate around immigration detainer requests, as ICE criticized local jurisdictions for releasing certain offenders despite federal detainers.

Headline: USCIS Updates Policy to Recognize Only Two Biological Sexes in Line with Executive Order

Washington, D.C., April 2, 2025

Also on April 2, USCIS announced an update to its Policy Manual, clarifying that it will now recognize only two biological sexes — male and female — aligning with the Trump administration’s January 20th executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

Under this policy:

  • An individual’s sex will be determined based on the birth certificate issued at or nearest to the time of birth.
  • If unavailable or unclear, USCIS will rely on secondary evidence to determine sex.
  • Immigration documents will not display a blank or non-binary sex marker, and documents cannot reflect a sex different from what’s supported by primary documentation.

While USCIS emphasized that it will not deny benefits solely due to mismatches in sex designation, applicants may face processing delays if discrepancies exist.

This new policy is effective immediately and applies to all applications pending or submitted on or after April 2, 2025. The updated guidance is now part of USCIS’s official Policy Manual and overrides any prior instructions on the matter

On April 3, 2025, the USCIS posted this:

Headline: USCIS Opens Employment Authorization Applications for Hong Kong Residents Covered by Deferred Enforced Departure

Washington, D.C., April 2, 2025

 U.S. Citizenship and Immigration Services (USCIS) has announced the official procedures for certain Hong Kong residents covered under Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs), which will be valid through February 5, 2027.

Key points include:

In a notice posted for public inspection in the Federal Register, USCIS also confirmed the automatic extension of current DED-related EADs—those with expiration dates of February 5, 2023, or February 5, 2025, and marked with the Category Code A11—through February 5, 2027. These EADs remain valid as proof of both identity and employment authorization for purposes of completing Form I-9, used by employers to verify work eligibility.

The announcement follows a memorandum issued on January 15, 2025, which extended DED protections for eligible Hong Kong residents present in the U.S. as of that date, deferring their removal through February 2027.

There is no application required for DED status itself. However, individuals covered under DED who wish to work legally in the U.S. must apply for an EAD by submitting Form I-765. Those seeking to travel internationally and re-enter the U.S. must apply for travel documents using Form I-131.

All EAD applications will be reviewed on a case-by-case basis. USCIS emphasized that each request is thoroughly screened for eligibility, and evaluated for any concerns related to fraud, public safety, or national security.

Finally, on April 9, 2025, set out an interesting notification

Headline: DHS to Screen Social Media for Antisemitism in Immigration Applications

Washington, D.C., April 9, 2025

The U.S. Department of Homeland Security (DHS) has announced a new policy directing U.S. Citizenship and Immigration Services (USCIS) to screen social media accounts and online activity for antisemitic content as part of the immigration process.

Effective immediately, this policy allows USCIS to consider antisemitic behavior on social media, as well as physical harassment of Jewish individuals, as grounds for denying immigration benefits. Effective immediately, this policy applies to:

  • Lawful permanent resident applicants
  • Student visa applicants
  • Individuals affiliated with institutions linked to antisemitic activity

The move is part of a broader enforcement strategy under several executive orders signed by President Trump, including Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism, and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.

According to DHS, the agency will closely examine content that supports or promotes antisemitic terrorism or organizations such as Hamas, Hezbollah, Palestinian Islamic Jihad, and the Houthis. Officials stated that such affiliations or endorsements may now be used as negative factors during the discretionary review of immigration benefits.

“There is no room in the United States for the rest of the world’s terrorist sympathizers,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “If you support antisemitic violence or terrorism, you are not welcome here.”

The updated policy emphasizes that the First Amendment does not shield foreign nationals from immigration consequences tied to extremist or hateful rhetoric.

 

Stay tuned for more such updates and reach out to Bali law for any of your immigration needs!

Facebook
Twitter
LinkedIn
Translate
Skip to content