Indian-American Congressman Ami Bera on 24 May sharply criticised the Trump administration's new immigration policy that could compel thousands of legal Green Card applicants to leave the United States and complete their applications from their home countries, warning it would harm families, workers, and the broader American economy.

What the New Policy Changes

The US Citizenship and Immigration Services (USCIS) issued a policy memo declaring that adjustment of status — the process that allows immigrants already inside the US to apply for a Green Card without leaving — should henceforth be treated as an 'extraordinary form of relief' rather than a standard immigration pathway. Under the revised approach, immigration officers are directed to evaluate applications on a 'case-by-case basis,' with the expectation that many applicants will instead pursue consular processing from their country of origin.

USCIS spokesman Zach Kahler defended the shift, stating the administration was 'returning to the original intent of the law.' 'From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,' Kahler said. The administration contends the change will discourage visa overstays and ease pressure on an overburdened immigration system.

Bera's Objections

Bera, a California Democrat and the son of Indian immigrants, issued a pointed rebuke. 'I strongly oppose the Trump administration's disruptive decision to require many students, temporary visa holders, and other individuals seeking green cards to leave the United States and return to their home countries while their applications are processed,' he said in a statement.

He argued the policy penalises people who are following the law. 'This policy creates unnecessary fear and uncertainty for families, workers, and employers who are following the law,' Bera said. He also flagged the structural contradiction: many of those affected are already trapped in lengthy backlogs. 'The Administration disregards the fact that many individuals seeking permanent residency are here legally and waiting for their cases to move through an already backlogged immigration system,' he said.

Impact on Skilled Workers and Indian Nationals

Bera specifically warned of consequences for highly skilled immigrants — researchers, doctors, engineers, entrepreneurs, and innovators — who contribute to the US economy through legal visa programmes. 'Forcing these individuals to leave the United States during the green card process will deprive our country of their innovation, their tax contributions, and the many ways they strengthen our economy and communities,' he said.

The policy is expected to disproportionately affect Indian nationals, who form one of the largest groups waiting in employment-based Green Card backlogs. Many H-1B visa holders and international students rely on adjustment of status provisions to remain in the country while their applications are pending. Forcing them to leave mid-process risks interrupting careers, separating families, and creating uncertainty for US employers.

Legal Challenges Expected

Bera signalled the policy would face judicial scrutiny. 'I support legal challenges to this policy and expect the courts to halt its implementation,' he said. Immigration advocacy groups and Democratic lawmakers have already voiced opposition, arguing the change could separate families and disrupt workplaces. The congressman called instead for modernising the immigration system: 'We should be reducing processing delays and modernising our immigration system, not creating additional barriers for people who are following the rules.'

With legal challenges anticipated and bipartisan pressure building, the policy's implementation timeline remains uncertain.