Explainer: How the Federal Government Is Restricting Access to Legal Immigration

The U.S. Supreme Court ruled June 30 that the Constitution guarantees automatic citizenship to virtually all children born on American soil, striking down President Trump’s executive order that sought to deny birthright citizenship to babies born to parents who are undocumented or in the country temporarily.

While this marked a moment of hope in a year shadowed by Operation Metro Surge and Operation PARRIS, the order making its way to the higher court hints at the larger picture.

“The lawful pathways to status are being restricted and under heightened scrutiny by the administration,” says Julia Decker, Director of Public Policy and Public Affairs at the Immigrant Law Center of Minnesota. “The broad spectrum of what is happening is an attempt to make it more difficult for people to access the legal immigration system.”

On June 23, The Department of Homeland Security (DHS) proposed raising the Application for Naturalization fee to $1,330 for paper filings and $1,280 for online submissions, amounting to a roughly 75 percent increase from current costs. The proposal would, additionally, eliminate fee waivers and reduced-fee options.

This proposed rule change is technically not a legal change; rather, it’s a change in process, which requires the proposal to be published on the Federal Register alongside a period of open comment.

“The idea is that those comments will be reviewed, and theoretically the government can make changes based on the comments that are submitted,” Decker says. “Generally speaking, we have seen the administration, once they have proposed rules, they have largely gone into effect.”

Public comment closes on August 24 at the Federal Register’s website.

If this policy does go into effect, a large portion of those applying for citizenship will face yet another barrier from accessing the legal system. Corleen Smith, Immigration Services Director and Department of Justice Accredited Representative at the International Institute of Minnesota, explained that 70 percent of the folks they see applying for citizenship qualify as low-income.

Despite the uneasiness this potential ruling brings, Smith encourages immigrants to reach out to a trusted legal service, like the International Institute of Minnesota, to better understand pathways to citizenship, no matter the blockades trying to be placed in the process.

“[Current policies] are working to confuse people and make it more difficult to access certain immigration benefits,” Smith says. “At the International Institute, that’s what we’re here for — to support those folks and make sure they understand what benefits they are eligible for and what protections they should be seeking.”

Next Steps

For immigrants and their loved ones: Reach out to a trusted legal service, like the Immigrant Law Center of Minnesota or the International Institute of Minnesota, to learn more about your options and make an informed decision.

For those who want to be of service: Post a public comment regarding naturalization fee increases. You can learn more from the Immigrant Law Center or Institutional Institute. For trainings about immigrant rights, visit the Immigrant Law Center website.

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