A new directive from the Trump administration, issued just before Memorial Day, has thrown the U.S. legal immigration system into turmoil, particularly affecting residents of Stanislaus County and the city of Modesto.
The policy would require most individuals with temporary visas and humanitarian permits living in the United States to return to their home countries to wait for their green cards, overturning a long-standing practice that allowed immigrants to remain in the U.S. during the process.
The directive, which sparked immediate panic among immigrant families and legal experts, was later downplayed by the Department of Homeland Security (DHS), which told the New York Times it was not a sweeping change and that officials always had discretion. However, immigration attorneys like Patrick Kolasinski of Modesto view this as a cover-up.
"For me, it seems pretty clear that what they're doing to protect themselves is to respond a bit to public backlash, but also try to avoid litigation because trying to change this policy the way they did is completely illegal," Kolasinski said. The policy targets those applying for permanent residency through "adjustment of status," a process used by over half a million people annually, including 112,100 Californians in 2023.
In Stanislaus County, many families with mixed immigration status, tech workers, and international students are among the most vulnerable. Attorneys report that during recent interviews, USCIS officers have questioned applicants about why they are applying from within the U.S., suggesting the policy may be applied retroactively.
The American Immigration Lawyers Association has declared the memo "illegal" and expects it to be challenged in court. California Attorney General Rob Bonta's office is monitoring the situation and evaluating legal options.
For many applicants, consular processing is not feasible due to visa processing suspensions in over 70 countries and potential re-entry bans of three to ten years for those who have overstayed their visas. Kolasinski advises clients with upcoming interviews not to attend alone and to have legal representation present.
The policy has created a climate of fear and uncertainty, with many worried about being placed in deportation proceedings immediately after a denial.