On June 12, 2025, U.S. Citizenship and Immigration Services (USCIS) announced an update to its Policy Manual regarding the handling and disclosure of derogatory information in immigration benefit adjudications. While this update does not introduce a substantive change in existing policy, it provides more detailed and structured guidance to USCIS officers and formally codifies longstanding practices. The revision aligns with a 2020 ruling by the Ninth Circuit Court of Appeals, emphasizing procedural fairness.
Key Highlights of the Update
Clarified Disclosure Procedures
USCIS will generally disclose derogatory information—defined as information that could negatively impact an applicant’s eligibility—when it appears that the applicant is unaware of such information. Where legally permissible, USCIS will provide this information clearly and transparently to ensure applicants have a fair opportunity to respond and present relevant evidence.
Limitations on Disclosure
Certain information may be withheld due to legal or regulatory restrictions. This includes sensitive material obtained from other government agencies or third-party sources that is protected by confidentiality laws. These limitations are designed to preserve both the integrity of the adjudicatory process and the privacy of involved parties.
Alternative Methods of Engagement
When direct disclosure is not legally permissible, USCIS may pursue alternative methods of engagement. This could include issuing a Request for Evidence (RFE) or raising the matter during an interview. These alternatives are intended to give applicants a meaningful chance to clarify or rebut adverse information without violating legal constraints.
Conclusion
This policy update reaffirms USCIS’s ongoing commitment to fairness, transparency, and procedural due process in the immigration process. While the core policy remains unchanged, the revised guidance enhances consistency and clarity in how derogatory information is handled—especially in cases involving confidential or legally protected material.
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