On April 28, 2026, the US State Department reportedly sent a diplomatic cable to American embassies and consulates across the world with a new order, according to The Wall Street Journal. The report says that from now on, people applying for a non-immigrant visa, including tourists, students, tech workers, business travellers and seasonal employees, must answer two direct questions during their visa interview.
The move comes just days after a federal appeals court ruled that President Donald Trump’s declaration of an “invasion” at the US-Mexico border was unlawful. That earlier declaration had been used to block many asylum seekers from entering the country.
What visa applicants will now be asked?
According to WSJ, the instructions were sent in a message from Secretary of State Marco Rubio’s office. The cable says the new rule takes effect immediately. Consular officers have been directed to ask two questions:
- “Have you experienced harm or mistreatment in your country of nationality or last habitual residence?”
- “Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?”
According to the cable, applicants must verbally answer “no” to both questions for the visa process to continue. That means if someone says they are afraid to go back home, their visa application could be blocked.
Could it lead to fraud claims later?
The cable does not clearly explain what happens if someone answers “no” now but later applies for asylum after reaching the US. However, immigration experts, according to WSJ, say such cases could expose people to accusations of visa fraud and possible deportation.
The cable says fear of returning home may raise doubts about whether the applicant truly intended only temporary travel. It also claims that the high number of people seeking asylum in the US suggests many may have misrepresented their intentions during visa interviews.
US officials linked the new policy to an executive order Trump signed in January 2025, which called for a review of visa programs to prevent abuse by “foreign terrorists and other threats to our national security.” That order also demanded tougher identity checks before any refugee or stateless person could be admitted to the US.
Why critics are alarmed
Refugee groups and immigration advocates have strongly criticised the move. “They’re trying to systematically demolish any means by which a persecuted person could seek protection and safety in the United States,” said Jeremy Konyndyk, president of Refugees International.
According to him, the policy sends a very troubling message. “What’s really striking about this is how it just completely abandons any pretence that the US cares about protection against persecution,” Konyndyk said. “You’re explicitly asking someone: ‘Are you being persecuted in your country?’ And if they say ‘yes,’ the U.S. government’s official answer is: ‘Okay, stay there.’”
Impact on Asylum seekers
Under US law, people can seek asylum after arriving in the country if they face persecution or have a well-founded fear of persecution at home. There is also a separate refugee resettlement system for people outside the US.
The Trump administration has moved to restrict both routes. It has already barred nearly all refugees except White South Africans, citing fraud concerns and risks to US citizens.
At the southern border, asylum numbers have dramatically dropped. According to an analysis by David Bier of the Cato Institute, monthly asylum seekers fell from nearly 40,000 in December 2024 to just 26 in February 2025, one month after Trump returned to office.
The directive came only days after a federal appeals court blocked part of Trump’s earlier attempt to shut down asylum access at the US-Mexico border through an “invasion” declaration. That court ruling had opened the door for asylum processing to restart. Critics now say the new visa questions may be another route to reduce asylum seekers before they ever reach US soil.