On April 28, 2026, the Secretary of State sent a departmental cable to consulates instructing officers to ask nonimmigrant visa applicants whether they fear harm or mistreatment in their “country of nationality or former habitual residence,” effective immediately.
- The DOS has instructed officers to proceed only with visa issuances if the foreign national answers ‘no’ to both questions.
- The State Department did not specify what consequences a foreign national would face if they answered “no” to a consular official and later filed an asylum application. Still, legal experts believe they could be vulnerable to fraud allegations and possible deportation.
Between the lines: The cable is the Trump administration’s latest effort to limit grants of protection from persecution, such as asylum and refugee status.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.