U.S. to Deny Visas to Applicants Who Affirm Fear of Persecution at Home

Applicants for visas to the United States will now have to affirm that they do not fear persecution in their home countries as the Trump administration seeks to further restrict potential asylum seekers from entering the country.

The new rule, outlined in a diplomatic cable to all embassies and consulates this week, comes amid a sweeping shift in policies that have upended and restricted immigration to the U.S.

The administration had already increased vetting for student visa applicants, and it has temporarily paused decisions on immigration applications to ensure that they meet newly rolled out security check guidance, according to a source familiar with the situation and an internal memo.

The rule applies to those applying for nonimmigrant visas, which include those for tourists, students, and temporary workers. In January, the U.S. suspended immigrant visa processing for 75 countries.

“Consular officers must prevent abuse of the immigration system by visa applicants who misrepresent their purpose of travel, including those who attempt to obtain nonimmigrant visas for the purpose of claiming asylum upon arrival in the United States,” said the cable, which was reviewed by reporters.

The directive from the State Department instructs consular officers to ask nonimmigrant visa applicants two specific questions: “Have you experienced harm or mistreatment in your country of nationality or last habitual residence?” and “Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?”

Visa applicants must respond verbally with a “no” to both questions for the consular officer to continue with visa issuance. If an applicant answers “yes,” the application is typically denied.

A State Department spokesperson said, “Consular officers are the first line of defense for U.S. national security,” and noted the department “uses all available tools and resources to determine whether each visa applicant qualifies under U.S. law.”

In order to seek asylum, a person must be physically present in the U.S. and be fleeing political, racial, or religious persecution in their home country. Critics argue this new rule forces vulnerable individuals to choose between their safety and their ability to travel legally.

Camille Mackler, an immigration policy consultant, noted that the new directive “is going to put people in really bad, terrible positions of having to make choices that ultimately affect their and their family's safety.” She added, “I also think this pushes people to unsafe pathways and unsafe routes, because if you need to leave, you leave, and you do whatever you need to do that.”

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