Increased Scrutiny: How the Recent National Guard Shooting is Reshaping USCIS National Security Protocols?

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The federal government announced two significant changes to immigration and travel security policy in late 2025, impacting nationals of 19 countries. The first change involved U.S. Citizenship and Immigration Services (USCIS) issuing new internal guidance. This guidance directs officers to adopt a stricter approach when reviewing certain discretionary immigration benefits sought by individuals from countries designated as “high-risk.” This was quickly followed by the White House releasing Presidential Proclamation 10949, which implements new entry restrictions for travelers from the same 19 countries. The specific rules under the Proclamation vary based on the traveler’s country of origin and their visa category. To fully understand the government’s announcements, pinpoint the affected countries, clarify the interaction between these two related policy changes, and stress the critical need to consult with a knowledgeable Essex County Immigration Attorney.

What Should I Know About USCIS’s New National Security Guidelines After the Recent National Guard Shooting?

A USCIS memo, issued after the shooting of two National Guard members by an Afghan national in D.C., designates 19 “high-risk” countries. It instructs officers to treat country-specific national-security factors as significant negative considerations when deciding on discretionary immigration benefits, signaling heightened scrutiny and closer review for applicants from these nations. The memo does not create a formal “ban” necessarily, but influences officer discretion. Practical impacts are expected to vary as implementation details are not yet public.

Separately, Presidential Proclamation 10949, effective June 9, 2025, restricts entry from the same 19 countries to protect against foreign security threats. It is grouped into:

  • Fully Restricted (12 countries): Imposes broad entry bans, though explicit exceptions exist for existing visa holders, LPRs, certain diplomatic and immediate-relative visas, and specific humanitarian categories.
    • Countries: Afghanistan, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Myanmar (Burma), Somalia, Sudan, and Yemen.
  • Partially Restricted (7 countries): Impose narrower limits, often restricting nationals to specific temporary work visas and subjecting them to additional screening. Travel is restricted, but not fully barred.
    • Countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

How Does the USCIS Memo and the Proclamation Fit Together?

The Presidential Proclamation (10949) and guidance from USCIS target nationals of the same set of 19 countries, based on concerns about national security and public safety. While both actions share the same fundamental basis, they impact individuals at different stages of the immigration process:

  • Proclamation: This action restricts the ability of certain nationals from the 19 designated countries to enter the U.S. The severity of the restriction varies by country.
  • USCIS Memo: This guidance directs immigration officers on how to handle discretionary immigration benefit applications filed by nationals of these countries. It emphasizes heightened scrutiny and the consideration of negative country-specific security factors.

Essentially, the Proclamation dictates who may come in, while the USCIS guidance governs the government’s handling of certain applications from those already present or seeking benefits.

For more information, please don’t hesitate to contact an attorney at the Law Offices of Christopher T. Howell, Esq.