Jamaican Immigration Lawyers Expect Court Fight Over US…

Jamaican immigration lawyers based in the United States say the Trump administration could soon face a significant court battle after US Citizenship and Immigration Services issued a policy memorandum affecting people seeking green cards.

The USCIS guidance says applicants pursuing lawful permanent residence must return to their country of origin to apply, unless their situation falls within limited exceptions.

Attorney-at-law Dahlia Walker-Huntington told The Gleaner she expects the matter to move quickly into the courts.

"I can bet my last dollar that there will be a lawsuit in short order to stop this," Walker-Huntington said.

She argued that immigration attorneys view the change as inconsistent with current law, saying adjustment of status is already provided for in statute and is not merely an administrative preference.

Walker-Huntington referred to section 245 of the Immigration and Nationality Act, which permits some eligible immigrants to secure permanent residence while inside the US. She said that provision can apply even where a person entered without inspection, remained beyond the time allowed on a visa, or took employment without authorisation.

In a notice posted on its website yesterday, USCIS said its position aligns with long-established immigration law and decisions from immigration courts. The agency said people seeking adjustment of status should use consular processing through the Department of State outside the United States.

USCIS said officers have been instructed to assess the full range of relevant information and circumstances in each case when deciding whether someone qualifies for what it described as an extraordinary type of relief.

USCIS spokesman Zach Kahler said the revised approach means a temporary visitor in the United States who wants permanent residence will generally have to leave and apply from abroad, except in exceptional cases.

"From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances," Kahler said.

He said the policy is intended to make the immigration process operate as the law requires, rather than encouraging the use of loopholes.

According to Kahler, non-immigrants such as students, temporary workers and tourists are admitted to the United States for a defined period and a specific reason. He said the system expects them to depart when that authorised stay ends, not to treat the visit as the start of a permanent residence application.

Walker-Huntington described the administration's attempt to use policy to move around statutory provisions as "mind-boggling". She said the development has created uncertainty, with lawyers trying to determine what advice to give clients.

"What is going to happen next week? Which organisation is going to file suit against the administration to stop it? Because this is not something that one person can go up against. It's going to need some powerhouse behind it to produce a lawsuit and to file a lawsuit and to try to get an injunction to stop it from being implemented," she said.

Attorney-at-law Oliver J. Langstadt also expects the memorandum to draw a strong legal response. He said the issue is likely to lead to "heavy litigation" and that his "colleagues are already brewing for a fight".

Langstadt said the Trump administration's position is that adjustment of status is discretionary under the law and that administrative grace should not replace the usual consular processing route for immigrant visas.

However, he said that position is difficult to accept while immigrant visa processing is paused in 75 countries, including Jamaica.

"If you are now going to insist that individuals go overseas to complete their adjustment of status, they can't complete it because currently there is a pause on immigrant visa processing outside the US, but there is no pause on adjustment of status in the US," Langstadt said.

"Insisting that people go overseas means that they are basically walking into a serious problem," he added.

Langstadt said some green card applicants have already overstayed their lawful period in the United States. If those persons leave the country, he said, they could face either a three-year or 10-year bar and would then have to seek an additional waiver overseas, with no guarantee that it would be approved.

Migration Policy Institute data show that, as at 2024, more than five million Caribbean immigrants were living in the United States. Jamaicans accounted for 888,000 of that number.

Among other requirements, a person seeking US citizenship must generally have been a lawful permanent resident for at least five years.

USCIS figures show that 818,500 people became new US citizens during fiscal year 2024.

The attorneys said the latest US government move fits into a wider push to remove immigrants from the country.

Langstadt said the change is "another way to severely restrict and control the immigration process, and to slow it down significantly".

"There is no doubt that is the reason that they are doing this," he said.

Walker-Huntington said the moment is difficult for immigrants who are learning about the policy shift and urged them to get legal guidance.

"It's rough. And I feel for my people today who are getting word of this, and I really just want to tell them, if you have a lawyer, reach out to your lawyer. If you don't have a lawyer, reach out to a lawyer," she said.