Legal immigrants across Texas could face deportation risks and years of uncertainty under a new Trump administration immigration directive

Texas – A new immigration policy from the Trump administration is generating concern among attorneys, immigrant advocates, and families across Texas who fear it could make the path to permanent residency significantly more difficult for people already living legally in the United States.

The controversy stems from a policy memo issued by U.S. Citizenship and Immigration Services (USCIS) late last month. Under the new guidance, many immigrants seeking green cards while already inside the United States will now be expected to return to their home countries and complete the process there unless they can demonstrate “extraordinary circumstances.”

Supporters of the change argue that it restores the original purpose of immigration law and encourages people to follow established procedures. Critics, however, warn that the policy could leave thousands of legal applicants trapped in lengthy legal battles, separated from their families, or even exposed to deportation proceedings.

USCIS spokesman Zach Kahler defended the move in a statement. “We’re returning to the original intent of the law to ensure aliens navigated our nation’s immigration system properly,” Kahler said. “When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.”

Attorneys warn of major consequences

Immigration lawyers in Texas say the practical effects could be far more complicated than federal officials suggest.

Immigration attorney Ali Zakaria believes the policy could place enormous strain on both immigrants and the legal system. “The courts are going to be inundated with these applications,” Zakaria said. “[USCIS] has this quota of putting 3,000 people in deportation per day. Now you’re adding people who are legally eligible to get a green card in this category. It might be years before these cases are resolved in immigration court or in federal court.”

The concern is that many people who would have previously completed the process while remaining in the United States could now find themselves pulled into legal proceedings that take years to resolve.

Some applicants may be forced to choose between leaving the country voluntarily or remaining in legal limbo while fighting their cases.

Problems for applicants from dozens of countries

The situation becomes even more difficult for immigrants from countries where U.S. consular services have been suspended.

Earlier this year, the administration halted certain consular operations in nearly 40 countries. According to attorneys, that creates a serious problem for individuals who are now being told to leave the United States and apply through overseas consulates.

Zakaria pointed to Pakistan as an example. “For example, if you happen to be a citizen of Pakistan working or living in the U.S. legally and if you wanted to apply for a green card, you could not go to the U.S. embassy in Pakistan and apply for a green card, and at the same time you could not file an application for a green card with within the U.S. and expect [USCIS] to approve it based on this new memo. So, this is a matter of for closing the door for the green cards for legal applicants in the United States.”

For people caught in that situation, attorneys say there may be no practical path forward despite their legal eligibility.

Immigration lawyer Gordon Quan argued that the policy could affect a massive number of people. “Over 600,000 people annually seek adjustment of status,” Quan said. “Just to think of the impact of such a large group having to return to their home countries to consular posts that are overwhelmed as is is just impractical for all people and for the government in general.”

Asylum seekers face additional fears

The policy is also drawing concern because of its potential impact on asylum seekers and refugees.

Many people currently living in the United States sought protection precisely because returning to their home countries could place them in danger.

Quan described one recent client whose situation illustrates the dilemma. “I just had a young lady yesterday … for an interview for adjustment of status whose family had sought asylum in the United States,” he said. “She came here when she was 6 years old. She’s now 23 years old, married to a U.S. citizen. She has no family back there. Her record is that of a person who has sought asylum from her home country. She’s fearful that if she ever goes back, she’ll never be able to return to her husband in the United States.”

For families in similar situations, the policy raises difficult questions about safety, separation, and uncertainty.

Concerns for Afghan allies

Another source of criticism involves people who assisted American military operations overseas.

Advocates note that the memo does not appear to contain specific exemptions for Afghans or Iraqis who worked alongside U.S. forces and later came to America under special programs.

Shawn VanDiver, president of AfghanEvac, strongly criticized the policy. “It’s an abomination, especially for the Afghan folks,” VanDiver said. “They were brought here by the United States Government [after the fall of Kabul to the Taliban in August 2021], with the expectation that they would process for their green cards, move on with their lives, even while they were on a temporary status here, and what they’re trying to do here is make up new and different reasons to send people back and send them into certain danger.”

VanDiver also argued that the decision could damage America’s reputation abroad. “People around the world have the Internet. They can see this. They know what we’re doing to these folks. They know how the United States of America is treating who we called our friends for 20 years,” he said. “Why would anybody else ever sign up to help us anywhere in the world?”

Immigration attorneys expect legal challenges and growing uncertainty as affected immigrants try to understand how the new rules will affect their future. For many families across Texas and beyond, what was once a straightforward path toward permanent residency may now become a far longer and far more complicated journey.