Woodruff calls USCIS memo ‘devious,’ ‘mean-spirited’ psychological warfare

Immigration lawyer Steve Woodruff described the Trump administration’s new U.S. Citizenship and Immigration Services policy memo on adjustment of status applications as “devious” and “mean-spirited,” arguing that the guidance is designed more to intimidate immigrants than to change immigration law.

“The most important thing for people to recognize is, first of all, this is a policy memo. It’s not a change in regulations. It’s not a change in law,” Woodruff said. “And elements of what they’re trying to do there are probably illegal.”

Speaking in an interview with Marianas Press, Woodruff said the memo’s biggest impact may be psychological.

“It’s actually a form of psychological warfare. The purpose of it is to scare people, stress them out, make them upset, maybe make them think that they have to go home and consular process if they’re going to get a green card,” he said.

Woodruff criticized the memo for portraying adjustment of status under Section 245(a) of the Immigration and Nationality Act as “extraordinary relief,” saying that interpretation contradicts decades of immigration law and practice.

“Adjustment of status is not extraordinary relief. As a matter of logic and law, it’s not extraordinary relief,” he said. “It’s been in the law for the past 70 years, basically.”

He argued that adjustment of status and consular processing are simply two parallel routes to lawful permanent residency.

“As the Fifth Circuit described it, it’s a parallel path to obtaining lawful permanent residence,” Woodruff said. “Consular processing is the normal path for people who are out of country. Adjustment of status is the most realistic and logical path for people who are in the country.”

Woodruff also warned that forcing applicants into consular processing could create even longer delays.

“The processing time for the I-130 for consular processing is three to four times longer than the processing time for an I-130 that is filed together with an I-485 for adjustment of status,” he said.

He acknowledged that the policy memo could pressure immigration adjudicators to apply stricter scrutiny to green card applications, but stressed that much will still depend on the individual officer reviewing the case.

“The policy memo is intended to threaten adjudicators, to put pressure on adjudicators,” Woodruff said. “Because they know they can’t 100% control it from the top down.”

Still, he expressed confidence that many adjudicators would continue evaluating cases fairly.

“Those of strong character, high principles, integrity, will make pretty much the same decisions that they made before,” he said. “They will consider the application on the merits and grant where the merits justify it.”

Asked about possible implications for the CNMI, Woodruff said the policy has little direct connection to the CW-1 program, which is scheduled to sunset by the end of 2029. However, he noted that long-term residents under the CNMI-only C-37 category could still face uncertainty.

He said advocacy efforts in Washington, D.C. would likely continue regardless of who represents the CNMI in Congress.

“Fortunately, anybody who is the CNMI delegate in Washington is going to be looking for solutions to that problem,” he said.

Woodruff urged immigrants and their families not to panic over the memo and instead seek competent legal advice.

“Stay calm. Stay the course. And find a lawyer to help you,” he said. “Don’t panic.”

He added that denials of adjustment applications are not necessarily permanent setbacks.

“Even if you get denied, don’t give up,” Woodruff said.

For Woodruff, the larger concern is the broader message the policy sends about the United States’ treatment of immigrants.

“The long-term damage comes in the perception of the United States created for non-citizens,” he said.