Could a migrant with permanent residence in the US lose their status? How is the process and why could the right to a Green Card be lost? Here we tell you.
The recent arrest of the Palestinian activist and legal permanent resident in the United States, Mahmoud Khalil, who played an outstanding role in the protests at the University of Columbia last year by the War in Gaza, has raised questions about the limits of permanent residence.
Khalil, head of the permanent residence since 2024, obtained the legal permanent residence in the US.
On Wednesday, a federal judge extended the efforts to stop Khalil's deportation, while the New York resident remains arrested in Louisiana, although he has not been accused of any crime.
In accordance with US laws, it does not constitute a crime to disagree, not even openly, with the policies or actions of the US government, and the Charter of Rights protects freedom of expression and the right of meeting.
Why
Permanent residence cards (Green Card or Green Card) can be revoked, he declared to the Voice of America Linda Dakin-Grimm, Immigration Lawyer based in New York.
“It is not so common, but it is not uncommon either. People lose their Green Card most often when they are convicted of crimes … a Green Card It is not citizenship. It is considered a privilege that is won, but it can also be lost if it is incurred in behaviors contrary to the conditions in which the holders of the Green Card ”, He explained.
Examples of crimes that can cause the loss of status of a holder of Green Card They include serious crimes, drug crimes, fraud or national security concerns, such as links with a terrorist group. The headlines Green Card They can also lose their status and legal permanent residence for being considered a threat to national security.
If a holder of Green Card He is accused of a crime, his criminal case will be processed in the judicial system. However, the process to revoke its permanent status is carried out in an immigration court, where officials must present evidence to justify the revocation of the Green Card .
How
Revocating a permanent residence card is a legal process that begins when the US government determines that a person has violated immigration laws.
The case can come to the government's knowledge in different ways, either through a routine migratory verification, a police investigation or through a complainant.
“In theory, it could be a complainant. Someone who has information … could they call the State Department? Maybe. Could you call the direct line of ICE? Maybe, ”said Dakin-Grimm.
The National Security Department usually begins the process. The head of the permanent residence card will receive a document known as notification of appearance before an immigration court or, in severe cases, could be arrested and detained.
White House officials declared Wednesday that the Secretary of State, Marco Rubio, has the authority to revoke a permanent residence card or any visa if the activities of a person in the United States “could have potentially adverse consequences for the foreign policy of the country.”
Rubio has affirmed that Khalil's case is not about freedom of expression.
“By the way, no one has the right to a Green Card … If you had told us that this was what you wanted to do when you arrived in the United States, we would never have let you in, ”Rubio said on Wednesday. “If you do it once you have entered, we will revoke and expel you.”
The power of the Secretary of State to intervene in a case such as Khalil is derived from the immigration and nationality law of 1952. A provision of the law allows the Secretary of State to consider deportable to a foreigner if it is believed that its presence or activities significantly harm the interests of US foreign policy.
According to Khalil's NTA, Rubio has already made that decision.
Khalil has been ordered to appear before an immigration judge on March 27 at the Louisian Lealle detention Center.
The court
In an immigration court, the burden of evidence falls to the government; It must demonstrate that the person violated immigration laws. In a case like Khalil, ICE lawyers will request deportation, but must demonstrate that it represents a threat to national security.
The head of the green card can also present a defense.
In the criminal justice system, if a person cannot afford a lawyer, the government must provide a public defender. However, in immigration courts, immigrants have the right to their own lawyer, but the government is not obliged to provide one. If immigrants cannot afford a lawyer or cannot find one that represents them pro bono, they will not have access to legal representation.
Dakin-Grimm states that the process can sometimes be fast, but also complex.
In the immigration courts system, the decision to revoke a green card is an administrative procedure carried out by the Department of Justice, under the Executive Office to review immigration cases.
“It is as if the government was processing a case, and the judge was also the government,” Dakin-Grimm said.
The result
If the immigration judge fails against the green card holder, he can appeal to the Immigration Appeals Board (BIA).
And if the BIA coincides with the Government, the head of the Green Card You can appeal to a Federal Court of Appeals. Although the case can reach the United States Supreme Court, Dakin-Grimm states that this rarely occurs, mainly because the Supreme Court has total discretion about the cases it chooses.
“Most people cannot afford this type of legal process. It is very, very expensive; hundreds of thousands of dollars to bring a case from the Court of First Instance to the Supreme Court, ”he said. “But in the field of immigration, it is common to see non -profit agencies, law clinics, working pro bono, working for free in important cases like this.”
A definitive decision
If the green card is revoked and all appeals fail, the person is usually deported from the US. If the appeal thrives, it retains its Green Card and it is allowed to remain in the country.
Dakin-Grimm explained that many green card holders believe that, as it is called “permanent residence”, status is permanent.
“But it is only permanent if the rules are met,” he said.
(The VOA correspondent at the White House, Anita Powell, contributed to this report)