“Deportation cloaked in a change of status:” Massachusetts advocates reel from Trump administration green card policy shift
Key Takeaways
- It has been reported that a recent federal policy change will steer some green card applicants who seek to adjust status inside the U.S. into removal (deportation) proceedings rather than allowing USCIS to complete their applications.
- Advocates in Massachusetts call the move "deportation cloaked in a change of status," saying it disproportionately hits family-based applicants and others who entered on nonimmigrant visas or parole and later sought adjustment.
- The shift raises practical and legal alarms: long USCIS (U.S. Citizenship and Immigration Services) backlogs, the risk of detention, and loss of work authorization for applicants caught in removal proceedings.
- Anyone currently pursuing or planning an adjustment of status (Form I-485) should consult an immigration attorney immediately to evaluate options, including consular processing and documenting continuous lawful presence.
Background: what was announced and why advocates are alarmed
It has been reported that the administration revised how some applications for adjustment of status — the process that lets certain noncitizens become lawful permanent residents (green card holders) while inside the United States — are handled. Rather than adjudicating those applications administratively, the government will more often refer applicants into removal proceedings, a formal court process overseen by immigration judges. Advocates and legal-service providers in Massachusetts say the practical effect is to substitute deportation for an adjudicative remedy that many applicants have relied on for years.
Who is affected and the human impact
The policy, allegedly, most affects people who entered the U.S. on temporary visas (such as tourist visas), on parole, or under humanitarian programs, then married U.S. citizens or filed other family- or employment-based petitions and filed Form I-485 to adjust status. For those people, being placed into removal proceedings can mean immediate exposure to detention, loss of an employment authorization document (EAD) while litigation drags on, and a harder path to lawful permanent residence. Immigrant families, mixed-status households, and community organizations in Massachusetts report widespread fear and confusion about long-term separation and financial instability.
Legal context and what applicants should do now
Adjustment of status is normally adjudicated by USCIS; removal proceedings are conducted in immigration court and may lead to expedited deportation if an immigration judge orders it. It has been reported that the shift is part of a broader enforcement posture to narrow administrative pathways to residency. Given persistent USCIS backlogs — adjudication can take many months to years depending on the category — a referral to removal proceedings can abruptly change the calculus for applicants. Anyone currently in the adjustment pipeline, or planning to file, should promptly seek competent immigration counsel, keep meticulous records of entry and status, and consider alternatives like consular processing where appropriate. Community legal clinics and accredited representatives can offer guidance for low-income households.
Source: Original Article