US Homeland Security to vet immigrants for what it calls 'extremist' views, raising free speech concerns
A person carries a framed logo of U.S. Department of Homeland Security in the hallway of US immigration court in Manhattan, in New York City, U.S., January 13, 2026.PHOTO: REUTERS
The US Department of Homeland Security (DHS) said on Monday that past statements espousing what it labelled extremist views from immigrants applying for green cards and naturalisation would "warrant closer scrutiny", causing free speech advocates to raise concerns that it could stifle First Amendment rights.
The DHS statement came in response to a weekend report by the New York Times, which cited documents saying that under new guidance by President Donald Trump's administration, immigrants can now be denied a green card for expressing political opinions, such as participating in pro-Palestinian protests, criticising Israel and desecrating the American flag.
"Certain behaviours and statements may raise serious concerns for USCIS (US Citizenship and Immigration Services) personnel reviewing an applicant's file, including espousing terrorist ideologies, expressing hatred for American values, advocating for the violent overthrow of the United States government, or providing material support to terrorist organisations," USCIS spokesman Zach Kahler said.
"Such actions warrant closer scrutiny," he added. USCIS is a part of DHS.
The Trump administration includes criticism of Israel as a potentially disqualifying factor, with DHS training materials, citing as an example of questionable speech a social media post that declares, "Stop Israeli Terror in Palestine" and shows the Israeli flag crossed out, the newspaper reported.
Immigration officers were told to weigh those factors as "overwhelmingly negative", it added.
Critics and rights groups have raised free speech and due process concerns.
"Trump plans to deny legal residency in the US based on whether he agrees with your speech. Since when did it become 'anti-American' to criticise the actions of a foreign government?" Democratic US Senator Chris Van Hollen wrote on X.
Outrageous. Trump plans to deny legal residency in the US based on whether he agrees with your speech.
Since when did it become "anti-American" to criticize the actions of a foreign government? Who is he fighting for?https://t.co/OTxOJhINoI pic.twitter.com/sYuAMt7OEk"This is an incredibly disturbing attack on free speech, with the government deciding who can enter the country based purely on their expression of political views," civil liberties group Defending Rights and Dissent said.
Trump has cracked down on pro-Palestinian movements by attempting to deport foreign protesters, threatening to freeze funds for universities where protests were held and scrutinising immigrants' online speech.
Last year, the Trump administration said it would vet immigration applications for "anti-Americanism" and antisemitism.
Trump alleges pro-Palestinian movements are antisemitic and support extremists.
Activists, including some Jewish groups, say the government conflates criticism of Israel's assault on Gaza and its occupation of Palestinian territories with antisemitism, and advocacy for Palestinian rights with support for extremism.
In one attempted deportation case, the sole basis authorities provided to act against Tufts University graduate Rumeysa Ozturk was an editorial she co-authored in a student newspaper criticising Tufts' response to Israel's military offensive in Gaza.