Quick Answer

After the shooting of a U.S. National Guardsman by an immigrant with recent immigration benefits, federal agencies have quietly pushed through immediate administrative restrictions across asylum, marriage-based green cards, adjustment of status, student cases, and third-world immigrant categories.

Post-shooting immigration crackdown includes suspension of asylum decisions, expanded FBI/ICE security background checks, mandatory social media screening, and delayed family petitions without new legislation or public notice. These rapid changes are based on existing executive powers, especially INA 212(f), national security authority, and the Trump v. Hawaii Supreme Court precedent.

Fast Facts

• Media confirmed a pause on asylum approvals nationwide (AP News).

• USCIS background checks expanded, involving FBI and ICE, particularly after biometrics (USCIS Fraud & National Security).

• ICE stationed at marriage green card interviews in high-risk cities like San Diego (NBC San Diego).

• New Trump calls for a permanent pause on migration from third-world countries following the shooting (Fox News).

• Processing times for I-130 family petitions could reach 18–30 months in 2026 (USCIS Processing Tool).

• Lawyers report surge in “national security RFEs” requiring social media, tattoos, military records, political documentation (Herman Legal Group).

• Background clearance rates dropping from ~92% to under 60% after the incident (TRAC Immigration).

Introduction

The shooting of a U.S. National Guardsman by an immigrant previously granted immigration relief has produced one of the fastest administrative immigration crackdowns in recent history — without a single vote in Congress, without a formal rule in the Federal Register, and without public input.

Instead, three things are happening:

1. Internal DHS and USCIS directives to slow, pause, or review decisions

2. Increased ICE presence at USCIS offices and interviews

3. National security risk scoring applied to individual immigrant backgrounds

Dozens of journalists have begun tracking how these informal actions are shaping policy. Reporting from Reuters, Politico, AP News, and Newsweek suggests that the pattern is consistent across many field offices.

Immigration attorneys, including multiple lawyers at Herman Legal Group, confirm that cases that would have been approved before the shooting are suddenly being delayed with little explanation except “pending security review.”

This guide documents what is happening now, what risks immigrants face, and how geographic, family, asylum, and third-world identities may affect outcomes.

What Triggered the Crackdown?

According to national security briefings and multiple media outlets:

• The shooter passed standard USCIS vetting prior to receiving status (a major government embarrassment)

• DHS officials publicly admitted to “vetting blind spots”

• Federal agencies immediately began internal policy review

National security agencies involved include:

• DHS Office of Intelligence & Analysis

• DOJ National Security Division

• FBI Counterterrorism Division

The White House message frames the incident as a national security failure requiring emergency correction.

Unlike prior controversies, such as the 2017 travel ban, this response is happening inside existing cases and process decisions — not through public policy papers.

12 Immediate Immigration Restrictions Already Happening

Below are confirmed changes with sources, attorney anecdotal evidence, and internal case documentation:

1. Asylum approvals paused or delayed

Particularly affirmative asylum applications at USCIS Service Centers.

Source: AP News

2. FBI and ICE database checks expanded

Every case now runs through multiple national security interfaces before approval.

Source: USCIS Fraud & National Security

3. Mandatory social media screening

This includes history on Facebook, Instagram, TikTok, X, Telegram, WhatsApp, Signal, and Reddit.

Source: Federal Register

4. New “pause list” countries

These include Afghanistan, Somalia, Yemen, Syria, Iraq, Sudan, and others labeled third-world risk sources.

Source: Fox News

5. Risk flags for religious or ideological associations

Even benign memberships require explanation.

Source: Cato Institute Immigration

6. RFE explosion for marriage cases

RFEs demand proof of identity, military service, tattoos, political affiliations, social media screenshots.

Source: Herman Legal Group

7. ICE at USCIS interview sites

Especially in California, Arizona, Ohio, Texas, and Virginia.

Source: NBC San Diego

8. Biometrics security hold

Cases sit in “security review” status for 12–18 months.

Source: USCIS Processing Tool

9. National origin risk scoring

Countries are automatically ranked higher risk based on FBI indicators.

Source: DHS Counterterrorism

10. Delays in medical exams (I-693) clearance

Civil surgeons now reporting “security flags” on routine medicals.

Source: CDC Immigrant Medical Requirements

11. USCIS restarting decisions with internal national security review teams

This turns routine green card cases into multi-agency cases.

Source: Politico

12. Threat modeling applied to family unity cases

Even cases with U.S. spouses and children reviewed for “unvetted political history.”

Source: Attorney interviews at Herman Legal Group

Who Is At Risk Right Now?

Categories most affected:

• Asylum seekers from third-world countries
• TPS applicants filing I-485
• Refugees and humanitarian parolees
• Marriage green card applicants with prior visa overstay
• F-1 students switching to marriage or work status
• Applicants with tattoos, regardless of meaning
• Prior military members, even if conscripted
• Individuals active in political Facebook groups
• Applicants with deleted social media accounts
• Anyone from a country on Trump’s “permanent pause” list

High-risk geographies (based on 2025 media reports):

• Afghanistan
• Yemen
• Somalia
• Sudan
• Syria
• Iraq
• Eritrea
• Democratic Republic of Congo
• Pakistan

High-risk filing categories:

• I-589 (asylum)
• I-485 marriage adjustment
• I-130 spouse petitions
• I-765 work authorization renewals
• I-131 travel advance parole
• I-140 filings with foreign charity work

High-risk interview venues:

• San Diego USCIS

Legal Authority: Why This Crackdown Is Possible

Three things make this immediate policy shift legal:

1. INA § 212(f)

Allows the President to block entry or restrict decisions for any national security reason.

2. National security discretion inside USCIS adjudication

USCIS officers may delay, deny, or refer cases if there is any suspicion of possible risk.

Source: USCIS Policy Manual

3. Supreme Court precedent: Trump v. Hawaii (2018)

The Court upheld national security migration suspensions.

Source: Supreme Court Opinion

This means:

• Laws do not need to change
• Congress does not need to act
• Agencies can slowdown approvals

All under “national security” or “algorithmic risk scoring.”

Data Tables

Table 1 — Immigration Processing Estimates (Post-Shooting)

Sources: USCIS, TRAC, Reuters

Table 2 — New Security Triggers Seen in RFEs (Marriage, Asylum, TPS)

Frequently Asked Questions

Q1. Are asylum decisions really suspended?
Yes. Multiple news agencies report internal DHS instructions delaying affirmative asylum decisions.

Q2. Who is most at risk under the new crackdown?
Third-world nationals, especially from Afghanistan, Somalia, Yemen, Syria, Iraq, and Sudan.

Q3. Can USCIS legally delay decisions indefinitely?
Yes, under national security review authority and INA 212(f).

Q4. Is visa overstay still forgivable in marriage cases?
Yes, but officers now apply security RFEs in addition to standard relationship evidence.

Q5. How will this affect I-130 petitions?
Expect longer timelines and more documents required for nationality, military history, and ideology.

Q6. Could ICE show up at a marriage interview?
Yes. Lawyers at HLG have confirmed ICE presence in San Diego, Cleveland, Phoenix, Fairfax and other cities.

Q7. What documents trigger national security RFEs now?
Tattoo photos, deleted social media profiles, online political support, prior military service.

Q8. Should immigrants delete social media?
No. Deletion is a red flag indicating concealment.

Q9. Should immigrants translate foreign posts?
Yes. Officers prefer English explanations of foreign posts.

Q10. Are religious group memberships reviewed?
Yes. USCIS flags political religious groups.

Q11. Will pending EAD work permits slow down?
Yes, especially if nationality matches a high-risk country list.

Q12. Will USCIS do surprise background checks?
Yes. They now re-run checks after biometrics.

Q13. Are U.S. citizen spouses protected from ICE?
No. ICE can detain non-citizen spouses even if the U.S. spouse is present.

Q14. Are overstays criminal?
No. They are civil violations, not crimes.

Q15. Could someone be arrested at a USCIS office?
Yes. Documented multiple times in San Diego cases.

Q16. Does having a clean record help?
Not always. The crackdown is nationality-based, not conduct-based.

Q17. Can I request a video interview instead of in-person?
Sometimes, but USCIS often denies requests during security review cases.

Q18. Can an attorney attend the marriage interview?
Yes, and it is strongly recommended.

Q19. Should I bring a lawyer to biometrics?
Usually not required, but contact an attorney if nationality is “flagged.”

Q20. Will asylum seekers face travel restrictions?
Yes. Advance parole approvals will take longer.

Q21. Could USCIS hold my passport?
Sometimes during security investigations.

Q22. Is it safer to delay filing?
No. Filing early creates priority date protection.

Q23. What information should families collect now?
Social media logs, tattoo documentation, military discharge papers, voting records, religious affiliation history.

Q24. How long might the crackdown last?
Likely through 2026, especially during national security statements by the administration.

Q25. Should I talk to an attorney before filing anything?
Yes. Legal strategy matters more than ever in post-shooting national security cases.

What We Might See in the Next Few Weeks (Projected Actions, Executive Orders, Fast Policy Moves)

This incident has created a fast-moving political opening for more aggressive national security immigration restrictions. Based on recent statements from administration officials, legal authority under INA 212(f), and precedent from the 2017–2020 travel bans, analysts expect new executive orders, memoranda, or DHS operational directives that could appear within days or weeks.

Below are realistic scenarios immigration lawyers should be preparing for now.

1. Expansion of an Executive-Order Style Travel Ban

Multiple major outlets — including Fox News, Newsweek, and Politico — have reported internal discussions about broadening the list of “high-risk countries.”

For context:

• The 2017 travel ban included seven majority-Muslim countries

• The 2020 expanded ban added Nigeria, Myanmar, Eritrea, Tanzania, Sudan, Kyrgyzstan

Analysts believe a new list could include:

• Afghanistan

• Yemen

• Somalia

• Syria

• Iraq

• Sudan

• Pakistan

• DRC (Congo)

• Haiti

Authority: INA 212(f)
Connection: national security vetting failure

This could take effect instantly, with no comment period.

2. “Security Freeze” on Affirmative Asylum

A realistic next move: DHS may formally suspend approvals and restart asylum vetting criteria.

Very likely:

• A secret USCIS memo to asylum offices

• National security scoring algorithm updates

• Internal directive to “delay adjudication until new vetting is complete”

This already appears to be occurring informally according to AP News and interviews with attorneys at Herman Legal Group.

3. Mandatory Social Media Review Directive (Executive Decision)

USCIS already proposed reviewing social media identifiers via Federal Register.

We could soon see:

• Specific platforms flagged (Telegram, WhatsApp, Signal)

• Required submission of screen captures

• Requests for deleted social media history

Likely to affect:

• Asylum (I-589)

• Marriage adjustment (I-485)

• TPS adjustment cases

• Student status changes (F-1 to marriage / H-1B)

4. New “Vetting Countries” Expansion List

This would mirror Trump-era Presidential Proclamations and may be published by:

• DHS

• DOJ National Security Division

• DOS Visa Security Unit

Model: similar to the Visa Security Program referenced on DHS.gov

Possible implementation:

• Applicants from specific countries automatically placed into security hold

• Case status: “pending further review”

5. “Pause on Third-World Migration” — Formal Policy Structure

Rather than a blanket ban, analysts expect something like:

1. Restriction on new entries

2. Limitation on adjustment of status for nationals of flagged countries

3. Temporary halt on refugee and parole programs

Modeled closely on travel bans upheld by the Supreme Court in Trump v. Hawaii (Supreme Court Opinion).

6. ICE Deployment to USCIS Field Offices (National Rollout)

We are already seeing this in:

• San Diego

Expect:

• DHS to “formalize” ICE deployment to USCIS marriage interviews

• Guidance for sudden detention immediately after the interview

Internal HLG documentation confirms these setups in recent cases:

• ICE at Marriage Interviews (HLG)

• San Diego Arrest Trends (HLG)

7. “Denial Without NTA” Authority Revoked

USCIS currently uses discretion to deny without issuing an NTA (Notice to Appear).

A new directive could:

• Require NTAs in all denied “high-risk” cases

• Send more families directly into removal proceedings

Expect this especially for:

• Marriage cases involving overstay

• Husbands/wives trying to fix status through U.S. spouses

• Applicants from flagged countries

Attorney defensive strategy will shift to:

• Preemptive evidence gathering

• Spouse affidavits

• Security history documentation

• Emergency representation planning

8. Big Spike in Security-Based RFEs

RFEs are already exploding, but you could soon see new standardized questions, including:

• “Provide screenshots of all public social media linked to applicant”

• “Explain meaning of tattoo and origin of symbol”

• “List organizations the applicant has belonged to since age 14”

• “List positions held in any youth political groups”

HLG is preparing a tattoo explanation packet structure for clients (internal HLG template available).

9. Two-Track Background Check System

This is similar to post-9/11 internal reforms.

Track 1:

• U.S. spouses

• Western Europe, Canada, Australia, Japan, South Korea

Track 2:

• Middle East

• Central Africa

• South Asia

• Latin America hotspots

• Eastern Europe (select cases)

Reference model:

• USCIS Risk Assessment Process

• DHS Threat Modeling

10. Lawsuit Waves from Civil Liberties Groups

Likely plaintiffs:

• ACLU

• Human Rights First

• American Immigration Council

• National Immigration Law Center

Likely legal arguments:

• Equal protection

• Due process (lack of notice and rule-making)

• APA (Administrative Procedure Act) violations

This mirrors litigation strategy after Travel Ban 1.0 and Travel Ban 2.0.

Don’t Go It Alone

If you or a loved one has a pending immigration case and worries about national security delays, RFEs, or ICE presence at interviews, legal strategy is essential. Herman Legal Group has represented immigrants for over 30 years, including high-risk national security cases, asylum cases from conflict regions, and marriage-based adjustment cases involving ICE detention warnings.

Contact us to create a customized security-aware immigration strategy:

Book a Consultation
Marriage Immigration Defense Strategy

Resource Directory

Government

USCIS
DHS
Federal Register
ICE Locator
TRAC Immigration Data
FBI National Security
EOIR Practice Manual

Media

Reuters
AP News
Politico
Fox News
Newsweek
NPR

Herman Legal Group (Internal Links, expanded)

Book a Legal Strategy Session
USCIS Marriage Interview Arrests 2026
Quiet War on Marriage Green Cards
Why ICE Is Waiting at Marriage Interviews
I-485 Marriage Green Card Timeline
I-130 Petition Guide
Know Your Rights Card
Asylum Denials and Delays