The Council and NIP File FOIA on How USCIS’ Alien Smuggling Determinations Impact Approval of Immigration Benefits

This FOIA request seeks records and data from USCIS about how the agency determines whether a migrant smuggled another person into the United States. Information about this process is crucial to individuals who could be subject to this form of inadmissibility when they prepare applications for immigration relief once they are in the country.

USCIS has published some guidance on this issue in its Adjudicator’s Field Manual. USCIS, however, has indicated that it retired this Manual and is incorporating agency guidance into the USCIS Policy Manual. Unfortunately, the Policy Manual contains limited information about the application of “alien smuggling,” and other agency guidance is scant and difficult to find.

To know more about the implementation of this ground of inadmissibility, the Council and the National Immigration Project filed a request under the Freedom of Information Act on March 6. The organizations requested:

• Records updating or changing parts of the USCIS Field Manual and the Policy Manual that address “smuggling” charges.
• Records of USCIS guidance on how “alien smuggling” applies in cases of Venezuelan nationals seeking Temporary Protected Status and applicants for benefits under the Cuban Adjustment Act.
• Data to ascertain the impact of these policies.

This information will arm impacted immigrants and their lawyers with a clearer understanding of when USCIS subjects individuals to “alien smuggling” charges, and how to address the issue if it arises. Clarity on USCIS’ implementation of this policy also helps individuals keep the agency accountable, and correct errors if adjudicators deviate from the agency’s protocols and standards.