Greetings. This installment of immigration disclosures highlights a request to expedite a Freedom of Information Act (FOIA) request on transfers of people in U.S. Immigration and Customs Enforcement (ICE) custody, a FOIA request on ICE’s implementation of President Trump’s Executive Order and Presidential Proclamation, and a FOIA request on the Trump administration’s suspension of green card applications for refugees and asylum seekers.
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• On April 21, the Council and Rocky Mountain Immigrant Advocacy Network (RMIAN) submitted a request to expedite a FOIA request the organizations originally submitted in February to get information about transfers of people in ICE custody. The request for expedited processing highlighted widespread public concern about the integrity of ICE transfers, as media reports of recent transfers of Mahmoud Khalil, Rumeysa Öztürk, and Badar Khan Suri to Louisiana detention facilities suggest ICE failed to follow its own protocols when transferring people in detention. Read our FOIA request here.
• On April 29, the Council filed a FOIA request with ICE to investigate its implementation of President Trump's Executive Order titled “Securing Our Borders” and Presidential Proclamation titled “Guaranteeing the States Protection Against Invasion.” The FOIA request seeks all memoranda, musters, guidance, and other similar records implementing certain parts of these executive actions. These records will allow the Council to educate the public about changes to ICE detention and removal practices and assess whether anecdotal reports of changes arise from these actions. Read our FOIA request here.
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The Council and AILA File a FOIA Request on the Trump Administration's Suspension of Green Card Applications
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• On April 8, 2025, the Council and the American Immigration Lawyers Association (AILA) filed a FOIA request with the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) after March 25 media report revealed that the Trump Administration suspended the processing of green card applications filed by refugees and asylum seekers. USCIS is a subagency of DHS in charge of processing and approving applications for green cards, citizenship and other immigration benefits. In its statement to the press, DHS said that the suspension was a temporary and necessary measure to conduct additional “vetting” of the applicants. However, the public has little information about this new policy.
Refugees must already undergo an arduous and often uncertain process to even get to the point where they can apply for a green card. Prior to their arrival, individuals seeking to enter the United States as refugees must show they have a fear of persecution in their home country and endure an extensive vetting. Asylum seekers must meet the same requirements as refugees, but they are granted such status during removal proceedings in immigration courts or through affirmative applications with USCIS. In both instances, the government takes applicants’ fingerprints to thoroughly vet their applications. Once an immigration court, or USCIS, grants an individual asylum seeker status, they can apply for permanent residence one year after such grant. Likewise, refugees can apply for their green cards one year after having arrived in the United States as refugees.
Despite the arduous vetting process, neither DHS nor USCIS gave details about the suspension of processing applications. As such, the FOIA requests seek agency communications about the suspension, records providing guidance to USCIS personnel on how to implement the suspension, as well as records instructing USCIS personnel on the additional vetting measures the agency will now implement to people applying for their green cards as part of the change in policy. |
• Refugees and asylum seekers already undergo an extensive vetting process. Records obtained as a result of this request will help applicants, their attorneys, and the public understand why the Trump administration stopped processing these applications, and how long the suspension will last.
• Neither DHS nor USCIS published information about this suspension on agency websites, leaving the public to solely rely on the DHS’ statement to the press. The agencies failed to inform the public as to when USCIS would lift the suspension or if the suspension will affect other types of green card applicants. |
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The American Immigration Council works to hold the
government accountable on immigration issues. We harness freedom of information requests, litigation, and advocacy to expose the wrongdoing and promote transparency within immigration agencies. Make a donation today.
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