In a sweeping escalation of U.S. immigration policy, the Trump administration has rolled out a controversial measure that could transform the process of obtaining a green card into a potential deportation trap. The new policy, announced this week by U.S. Citizenship and Immigration Services (USCIS), empowers federal immigration authorities to initiate removal proceedings against undocumented immigrants who apply for lawful permanent residency through a spouse or family member.
Under the updated guidance, filing a family-based petition — even one sponsored by a U.S. citizen spouse — offers no guarantee of protection from deportation. “Family-based petition accords no immigration status nor does it bar removal,” USCIS stated in its notice, stressing its commitment to “enhanced screening and vetting” to deter fraud.
A Sharp Turn in Family-Based Immigration
Family-based immigration has long been one of the most common pathways to legal residency in the U.S., allowing millions to secure a green card through sponsorship by immediate family members. However, the administration has branded this route as vulnerable to abuse, framing the changes as necessary for national security and public safety.
The move has stirred significant backlash, in part because it mirrors the same process used by First Lady Melania Trump’s parents, Viktor and Amalija Knavs, who immigrated from Slovenia and later gained citizenship via a green card through family sponsorship in 2018.
Critics argue that the policy disproportionately targets mixed-status families, where one spouse is undocumented but otherwise law-abiding. “This will push people into the shadows and break apart families,” warned Julia Gelatt, associate director at the Migration Policy Institute.
Widening Deportation Risks
The USCIS alert clarifies that both undocumented immigrants and those whose legal status lapses while waiting for a green card decision could face deportation. Processing times for spousal petitions (Form I-130) can stretch for months or even years due to an immense backlog — currently estimated at 2.9 million pending cases.
In just the first half of 2025, over 500,000 I-130 petitions were filed, underscoring the high demand for family-based immigration. However, the delays leave many applicants in legal limbo, increasing the risk of falling out of status before a decision is reached.
The policy shift also coincides with broader efforts by the Department of Homeland Security to ramp up deportations, including the rollback of Temporary Protected Status programs expanded under the Biden administration. Homeland Security Secretary Kristi Noem framed the crackdown as fulfilling “a mandate from the American people to clean up our streets.”
Political and Human Implications
The green card deportation policy is poised to impact thousands of families, especially those with deep community ties but unresolved immigration statuses. Advocates warn that immigrants may now avoid applying for a green card altogether, fearing that the process could serve as a trap rather than a step toward stability.
Politically, the move underscores former President Trump’s long-standing opposition to what he calls “chain migration,” despite personal family connections to the very system he now seeks to dismantle. Supporters argue that the policy closes loopholes and reduces fraudulent claims, while opponents see it as another step in a broader anti-immigration agenda.
Uncertain Future
Immigration attorneys advise couples considering the spousal green card process to seek legal counsel before filing, given the heightened risk of removal proceedings. While litigation against the policy is likely, its immediate implementation means the effects will be felt quickly across immigrant communities.
As the administration continues its immigration overhaul, families hoping to reunite under a green card face an increasingly complex — and perilous — journey. The tension between national security priorities and family unity remains at the heart of the debate, with both sides preparing for prolonged legal and political battles.
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