Green Card Holders: Rights, Risks, and Deportation Triggers

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Understanding Green Card Status

A green card grants lawful permanent residency (LPR) in the United States, allowing holders to live and work indefinitely. While LPRs enjoy many rights similar to U.S. citizens, including legal protections and the ability to apply for citizenship, their status is not unconditional. Under certain circumstances, green card holders can face deportation.

Rights and Limitations of Green Card Holders

Green card holders have several legal rights, including:

The ability to reside and work permanently in the U.S.

Protection under federal, state, and local laws.

The right to apply for U.S. citizenship after fulfilling residency requirements.

However, LPRs cannot vote in federal elections, and some government positions requiring security clearance are restricted to U.S. citizens. More critically, compliance with immigration laws is essential to maintain permanent residency status.

Case Study: Mahmoud Khalil’s Arrest

The recent arrest of Mahmoud Khalil, a Palestinian activist and Columbia University graduate student, has reignited discussions on the conditions under which green card holders may be deported. Khalil was arrested under a Trump-era policy targeting individuals accused of supporting Hamas, which the U.S. designates as a terrorist organization. The Department of Homeland Security cited “activities aligned to Hamas” as the reason for his detention.

Initially, Immigration and Customs Enforcement (ICE) officials indicated they were enforcing a State Department order revoking Khalil’s student visa. Upon discovering he was a green card holder, ICE officials shifted their approach to potentially revoking his permanent residency.

Grounds for Deportation

Despite their legal protections, green card holders can face deportation for several reasons, including:

Criminal Offenses – Conviction of aggravated felonies, drug-related crimes, domestic violence, or repeated minor offenses can lead to removal proceedings.

National Security Threats – Involvement in activities linked to terrorist organizations or any action deemed a threat to U.S. security can result in deportation.

Immigration Fraud – Providing false information during the green card application process can invalidate residency status.

Extended Absence from the U.S. – Spending long periods outside the country without obtaining a reentry permit may be interpreted as abandonment of residency.

Impact on Other Green Card Holders

Khalil’s case underscores concerns about whether political activism or association with controversial causes could impact immigration status. Legal experts highlight that green card holders have rights, including:

A formal hearing before an immigration judge.

The ability to appeal deportation orders.

Possible relief through waivers or cancellation of removal if strong family ties or long-term residency can be demonstrated.

Higher Risks for Student Visa Holders

Unlike green card holders, foreign students on F-1, M-1, or J-1 visas have fewer legal protections and can face deportation for:

Overstaying their visa.

Failing to maintain full-time enrollment.

Engaging in unauthorized employment.

Committing criminal offenses.

Protecting Green Card Status

To mitigate deportation risks, LPRs should:

Comply with U.S. laws – Even minor legal infractions can impact residency status.

Avoid prolonged travel abroad – Extended absence without proper documentation can be interpreted as relinquishing residency.

Seek legal counsel – Consulting an immigration attorney early can be crucial if facing legal or immigration-related issues.

Conclusion

While green card holders enjoy significant protections, their status is subject to compliance with U.S. immigration and criminal laws. Cases like Khalil’s highlight the potential vulnerabilities LPRs face, especially concerning national security and political activism. Staying informed and proactive in legal matters is essential for maintaining permanent residency and safeguarding one’s rights in the U.S.


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