A recent “Policy Alert” issued by US Citizenship and Immigration Services (USCIS), which Establishes renewed criteria for evaluating the benefits of migrationbrought the presidential proclamation back into focus. This procedure is based on the authority granted by Section 212(f) Immigration and Nationality Act (INA).
the Section 212(f) It gives the President the power to suspend the entry of any foreign person or specific group of persons by proclamation. This salad too Allows you to impose additional restrictions when you deem it necessary.
During his first term, Donald Trump actually used this presidential power to issue immigration restrictions.
In 2017, This measure was used to limit the entry of citizens from several countriesThis is a procedure that has received much attention and been the subject of lawsuits. The immigration veto reached the Supreme Court, which confirmed presidential power in the country Trump vs. Hawaii.
The same tool was also used in justification Procedures related to border controlPenalties on jurisdictions that did not cooperate with federal authorities and restrictions on airlines that did not comply with documentary verification procedures.
Recently, Presidential Proclamation No. 10949 was issued, Signed on June 4, 2025This college was applied to Suspending the entry of citizens from 19 countriesExcept for pre-specified exceptions. This measure covers those who have been outside the United States since June 9, 2025 and did not have a valid visa issued before that date.
The presidential proclamation identified 19 countries whose citizens face restrictions on entering the United States.
The official decision argued so These states failed to provide sufficient information to conduct comprehensive background checks.Which, according to the federal administration, created security risks.
To complement this action, USCIS published updated guidance on November 27, 2025 in a Policy Alert that He anticipates the legal terrain Donald Trump could reclaim on immigration matters.
The state agency has instructed its judges to consider the conditions set forth in the presidential proclamation as significant negative factors when evaluating immigration benefits that rely on the use of discretion.
This policy Significantly modifies the granting of multiple discretionary benefits These include requests for adjustment of status, extension of residence and changes in immigration category, thus invalidating any previous directives on these matters.
With this update, The agency has revised and rescinded all previous guidanceIt specified that the new rules have an immediate effect on pending applications and those submitted after the date of publication.
The purpose of this procedure is to ensure uniformity in the manner in which arbitrators implement the authority derived from Section 212(f) and AD 10949.
After the 2024 elections, controversy has increased over how to use this power to strengthen immigration control measures. Trump has expressed his intention to strengthen A Large-scale deportation And reorganizing the system of entry into the North American country without relying on Congress.
The June 2025 declaration set out the arguments used to support the restrictions:
This advertisement distinguished between: Countries subject to a complete suspension of entry and countries subject to a partial suspension. In the first case, the enrollment included both immigrants and non-immigrants. In the second, admission was limited to applicants for tourist, business, study, or exchange visas.
Likewise, consulates were instructed to do so Reducing the validity of other nonimmigrant visas issued in Designated countries.
In this context, Section 212(f) appears as a tool that could become central again if the Trump administration continues to expand restrictions, accelerate deportations or issue an edict. New entry restrictions based on national security criteria.
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What is Section 212(f) of the Immigration and Nationality Act? This section gives the President the ability to suspend the entry of foreigners or specific groups through a proclamation. It also allows you to impose additional restrictions when you deem it necessary for security.
When was Section 212(f) last implemented to suspend entry for citizens? Presidential Proclamation No. 10949, signed on June 4, 2025, applied this authority to suspend entry to citizens of 19 countries who did not have a valid visa issued before June 9, 2025.
How has USCIS modified the assessment of immigration benefits related to this section? USCIS published updated guidance on November 27, 2025, directing arbitrators to consider the terms of the Presidential Proclamation as negative factors. This modifies the award of discretionary benefits with immediate effect.
Why is Section 212(f) a key tool for future immigration policies? Section 212(f) emerges as a central tool if the Trump administration continues to expand restrictions, accelerate deportations, and new entry restrictions. Trump seeks to strengthen control over immigration without relying on Congress.