The Trump administration has directed U.S. Citizenship and Immigration Services (USCIS) to intensify scrutiny of immigrants applying for U.S. citizenship by emphasizing a more subjective evaluation of “good moral character.”
A USCIS memo dated August 15 calls for a “rigorous, holistic and comprehensive” approach to assessing naturalization applicants, defining “good moral character” as an individual’s “behavior, adherence to societal norms, and positive contributions.”
Officers are instructed to evaluate applicants on a case-by-case basis, considering not only the absence of misconduct but also “positive attributes” such as family caregiving, sustained community involvement, educational attainment, stable employment, and tax compliance.
“GMC findings must go beyond the absence of disqualifying acts, it must reflect a genuine positive assessment of who the alien is and how they have lived in their community,” the memo states, using an abbreviation for good moral character.
The directive also allows officers to deny applications based on “any other acts that are contrary to the average behavior of citizens” in the applicant’s community, even if technically legal, such as reckless or habitual traffic infractions or soliciting. Applicants with conditional bars, like multiple DUI convictions, must provide “affirmative evidence of reform,” such as compliance with court orders or payment of overdue taxes.
“In assessing conditional bars officers have authority — and now explicit directive — to weigh all relevant evidence, both adverse and favorable, before granting or denying naturalization,” the memo reads.
Experts warn that the vague language could lead to inconsistent and arbitrary decisions.
Jane Lopez, an associate professor of sociology at Brigham Young University specializing in immigration policy, noted that while evaluating good moral character is not new, the memo emphasizes officers’ ability to “impose their subjective interpretations of this fuzzy concept.” She added that the policy could “make it harder for noncitizens to obtain legal belonging in the United States” since officers “must evaluate something they cannot consistently describe or define,” per The Washington Post.
Good moral character has been a requirement for citizenship since the Naturalization Act of 1790, typically met by the absence of serious crimes like murder or aggravated felonies. The new guidance, however, shifts the burden to applicants to demonstrate positive contributions.
Between 600,000 and 1 million immigrants have been naturalized annually since 2015, with naturalized citizens comprising over half of the U.S. foreign-born population in 2023, according to USCIS data.