A US green card holder has lawful permanent resident status, which allows him or her to live and work in the US indefinitely. However, this status is not absolute and deportation remains a possibility under certain circumstances.
The recent arrest of Mahmoud Khalil, a Palestinian activist involved in organizing campus protests against the Israel-Hamas conflict at Columbia University in New York City, has raised questions about the protections foreign students and green card holders enjoy against deportation.
According to the US Citizenship and Immigration Services (USCIS), green card holders have many rights. Green card holders are free to live and work anywhere in the US, provided they do not commit a deportable offense. They can work in any legal job except for certain roles restricted to US citizens for security reasons. They are protected by all US laws, including state and local regulations.
What are the responsibilities of a Green Card holder?
Green card holders are subject to specific responsibilities. They must obey all U.S. and local laws. They are advised to file income tax returns and report income to the Internal Revenue Service and state tax authorities. They must support democratic governance (without voting in elections). They must register for the Selective Service if they are male and between the ages of 18 and 25.
Can green card holders be deported?
The simple answer to this question is yes, a green card holder can be deported. Russell A Stamets, partner at Circle of Counsel, told Business Standard , “Generally, green card holders have the same First Amendment rights as US citizens. Constitutionally protected speech, including peaceful protest, is not generally grounds for revoking a green card. Green cards are usually revoked for serious crimes or other clear violations.
Aurelia Menezes, partner at King Staub & Kasiva, Advocates & Attorneys, told Business Standard, “While they have strong legal protections, such as the right to a hearing before an immigration judge and the ability to appeal against deportation orders, they can still be removed for reasons such as serious crimes, fraud, national security threats or abandoning their residency by staying outside the US for too long.”
“However, they may seek relief through waivers, cancellation of removal or other legal defenses, particularly if they have strong family ties or have lived in the U.S. for a long time,” he added.
Translation result
“The Trump administration has said it is revoking green cards in certain circumstances, arresting and deporting green card holders for constitutionally legal activities. This represents a dramatic shift in U.S. policy,” Stamets said.
Why was Khalil taken into custody?
According to the report, the US Homeland Security Department said Khalil was detained under Trump-era executive orders that prohibit anti-Semitic activities. Trump argued that protesters who support Hamas lose their right to remain in the country. Hamas controls Gaza and is designated as a terrorist organisation by the US.
Khalil and other student leaders of Columbia University Apartheid Divest have rejected claims of anti-Semitism, saying their movement is anti-war and includes Jewish students and organizations.
What did ICE say?
The report said a key question in Khalil’s case is what Immigration and Customs Enforcement (ICE) agents told his lawyer at the time of his arrest. According to the Associated Press, his lawyer, Amy Greer, said ICE agents initially claimed they were acting on a State Department order to revoke his student visa. When she told them Khalil was a permanent resident with a green card, they said they would revoke that status instead.
According to the report, US Secretary of State Marco Rubio said in a post on X that the administration would “revoke visas or green cards of Hamas supporters in the United States so they can be deported.”
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