The Trump administration issued new visa screening rules Tuesday directing U.S. embassies and consulates to question nonimmigrant applicants about fears of returning to their home countries and to deny visas to those who say they are afraid.
The Washington Post reported that the directive was sent in a State Department cable following a federal appeals court ruling last week that blocked President Donald Trump’s use of an "invasion" declaration at the southern border to restrict asylum access.
The administration has indicated it plans to appeal that decision, and it remains unclear when asylum processing at the border will resume.
The cable, issued through the office of Secretary of State Marco Rubio, instructs consular officers to require applicants to affirm they do not fear harm or mistreatment if returned to their country and to record the response in case notes.
Applicants must answer two questions during visa interviews, whether they have experienced harm in their home country and whether they fear returning, according to the cable.
The directive states applicants must respond "no" to both questions for visa processing to continue.
The cable states that an applicant’s fear of returning home calls into question their stated purpose of temporary travel and may indicate immigrant intent inconsistent with a nonimmigrant visa.
It also states that the number of asylum claims in the United States suggests some applicants may misrepresent their intentions during the visa process.
The administration grounded the directive in a January 2025 Trump executive order that set specific policy goals for visa screening and national security.
"It is the policy of the United States to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes," the order states.
The order further states, "the United States must be vigilant during the visa-issuance process to ensure that those aliens approved for admission into the United States do not intend to harm Americans or our national interests."
It adds that the government must identify such individuals before entry and ensure that those admitted "do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security."
The order also calls for "sufficient safeguards … to prevent any refugee or stateless individual from being admitted to the United States without undergoing stringent identification verification."
Under federal law, foreign nationals may apply for asylum after entering the United States if they can demonstrate persecution or a well-founded fear of persecution.
A separate refugee process allows individuals to seek resettlement from outside the United States.
The administration has moved to restrict both pathways, including limiting refugee admissions and tightening eligibility standards.
The cable does not specify how cases would be handled if a visa holder later applies for asylum after denying fear of return, but such a scenario could expose applicants to visa fraud allegations and possible removal.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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