ILRC Comment on USCIS Use of Derogatory Information

On July 16, 2025, ILRC submitted a comment opposing a new U.S. Citizenship and Immigration Services (USCIS) policy that allows the agency to use “derogatory information” against immigration applicants without always disclosing it. This change to the USCIS policy manual violates due process and USCIS’s own rules, which require applicants be told of negative information and given a chance to respond. The policy now lets USCIS withhold information not only for national security reasons but also if it comes from other agencies, confidential records, or third parties, which is a vast expansion from previous practice. The implementatin of this policy will lead to more mistakes, delays, and unfair denials based on inaccurate or hidden data, especially as information-sharing across agencies has expanded.