A new memo from USCIS states that anti-American and antisemitic ideologies are a basis to deny most types of immigration applications, including asylum. The meaning of these terms is vague (at best), and so once again, non-citizens are left to wonder what they can and cannot do, say or think, which may lead to trouble in immigration land.

Luckily, I am here to fill this unfortunate information void with unfounded speculation. And so below, you will find the top 10 anti-American and antisemitic ideologies that can kibosh your immigration application with USCIS.

Before we get to the list, I want to complain a bit more about the USCIS memo. It is truly an understatement to say that the new policy is vague. Let's start with anti-American ideology. In a footnote, the memo claims that this term is defined in the immigration law, specifically in INA § 313(a). A perusal of that section lists people ineligible for naturalization, including Communists and individuals associated with a totalitarian party, those who believe in "the overthrow by force or violence or other unconstitutional means of the Government of the United States," people who support the killing of officials of the "Government of the United States or of any other organized government," and people who oppose "all organized government." While this language makes clear that the authors of the INA didn't like Commies and anarchists, it does little to help define "anti-American ideologies," nor does it help us understand what activities constitute "supporting" or "promoting" such ideologies.

The situation is even worse when it comes to non-citizens who "support or promote... antisemitic ideologies." USCIS does not even offer a fig leaf of a definition for "antisemitism," a phrase the Trump Administration has weaponized to attack anyone who criticizes the Israeli government or the war in Gaza.

The absence of clarity leaves a lot of room for interpretation and abuse by USCIS officers. Under the current Administration, it's not hard to imagine how this ambiguity could be used against non-citizens. You think President Trump is a danger to democracy? Denied! You support a Palestinian state? Denied! You think red hats are tacky? Denied! You participated in the January 6th protest? No problem. Welcome to America!

Remember too that it's not just an issue of how you answer questions at the interview. USCIS can review your social media posts and who you follow, they can scrutinize any organizations that you belong to (or that you belonged to in the past), and they can look at any other publicly available information about you. Can you attend an anti-war protest or complain that taxes are too high? Are these expressions of anti-American ideology? Who knows? The new memo is so vague that it's difficult to know what activities or statements might not be acceptable to USCIS.

Well, I suppose that's enough of my yammering. I promised you a top ten list about anti-American and antisemitic ideologies, and so here it is. The top ten things you should definitely not say at a USCIS interview--

10 - I like Mount Rushmore just the way it is.

9 - Greenland is probably better off with Denmark.

8 - That Palestinian child is a human being.

7 - Joe Biden was elected President in 2020.

6 - Bringing Africans to America and enslaving them was not very nice.

5 - These matzo balls are too hard.

4 - For home decor, gold accents are only good up to a point.

3 - Woke.

2 - I didn't much care for Home Alone 2.

1 - That judge is not a radical left lunatic.

We could add lots more to this list, since pretty much any criticism of the U.S. government, the current Administration or Israel might be deemed anti-American or antisemitic. How this new policy will be implemented remains to be seen, but it certainly does not bode well for immigrants, free speech or democracy.

Originally posted on the Asylumist: www.Asylumist.com