New green card policy could send thousands back to their country of origin

A new federal policy could require thousands of immigrants to return to their home countries before the opportunity to petition for green cards. This has applicants and immigration lawyers trying to understand how the change will change the process to become a permanent resident.

Immigration lawyers and advocacy organizations said that the change would reduce green card applications. In 2024, 1.4 million green cards were issued, and more than 800,000 of the recipients were already in the United States and had their immigration status modified as part of the process. According to immigration law experts, the change announced on Friday will be of particular concern to those who are married to U.S. citizens and seeking permanent residence

Delia Salvatierra, lawyer at Salvatierra Law Group and Co-Chair of the Phoenix Community Alliance Hance Park, joined “Arizona Horizon” to discuss the issue and how it would effect the people.

Salvatierra conveyed that this proposed change to processing green card applications is currently a memo, not a law.

“It’s a policy memo, and it does not contravene the word of Congress. And the law in no uncertain terms makes this memo law,” Salvatierra said.

She also added what she believes is the goal of sharing out of this memo. 

“I think the purpose of this memo is to scare enough people not to apply for a green card even though they may be eligible under the Immigration Nationality Act, enacted by Congress, and leave,” Salvatierra said. 

Salvatierra added that leaving would “cause irreparable harm to American families” and “cause consular delays”. 

As for how this memo will progress moving forward, Salvatierra shared what she believes will happen.

“ I think it will be attacked in court. I think there will certainly be litigation. I don’t think that it changes the law in any way,” Salvatierra said. 

Salvatierra pointed out that in the reasoning for this memo, it fails to recognize how it will “impose family separation”.

“The whole point of our immigration fabric and our laws, our congressional intent is to keep families together. Especially when they are married to a United States citizen or have U.S. citizen children,” Salvatierra said. 

With her clients who are currently seeking a green card, Salvatierra said that they are planning to provide more evidence at their interviews to “prepare great green card applications”.