The U.S. Department of Homeland Security issued a policy update to its U.S. Citizenship and Immigration Services barring the entry of Communists into the U.S. citing “threats to the safety and security of the United States”.

USCIS: U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist or any other totalitarian party.

Background

The inadmissibility ground for membership in or affiliation with the Communist or any other totalitarian party1 is part of a broader set of laws passed by Congress to address threats to the safety and security of the United States.2 In general, unless otherwise exempt, any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate), domestic or foreign, is inadmissible to the United States. This ground of inadmissibility only applies to aliens seeking immigrant status, such as aliens inside the United States applying to adjust status to that of a lawful permanent resident.

This guidance, contained in Volume 8 of the Policy Manual, is controlling and supersedes any related prior guidance on the topic.

Policy Highlights

  • Provides guidance regarding the ground of inadmissibility based on membership in or affiliation with the Communist or any other totalitarian party, and USCIS determinations on membership in or affiliation with such an organization.
  • Provides a step-by-step overview of the inadmissibility determination, as well as guidance on evidence and burden of proof, and applicable exceptions and waivers.CitationVolume 8: Admissibility, Part F, National Security and Related Grounds of Inadmissibility, Chapter 3, Immigrant Membership in Totalitarian Party [8 USCIS-PM F.3].

This move comes in the midst of growing tension between the U.S. and the Communist Chinese Party. Economic tensions coupled with a rising influence within U.S. social media companies appears to have laid the groundwork for such moves to be made.

President Donald J Trump’s recent attacks on Chinese social media powerhouse TikTok, along with these recent developments from the Department of Homeland Security, paint a stark image of future relations between the two nations.