The apprehension of Mahmoud Khalil, a green card holder and former Columbia University student who participated in pro-Palestinian protests on campus in 2024, has sparked debate about the rights of permanent residents in the U.S.
On March 8, Immigration and Customs Enforcement agents detained Khalil, a lawful resident married to an American citizen, in New York. He is currently being held in Louisiana.
Khalil has yet to face criminal charges. The Trump administration contends it has grounds to deport him based on foreign policy considerations.
Here’s what to understand about the rights of green card holders:
What is a green card?
A green card, or Permanent Resident Card, permits non-citizens to reside and work in the United States on a permanent basis. Eligibility for a green card can arise from family connections, employment, refugee status, and other factors.
Typically, green cards are valid for 10 years and must be renewed, much like U.S. citizens renew their passports, according to David Leopold, an immigration law specialist and partner at UB Greensfelder.
“While the card may expire, the residency itself does not,” he stated. He added that failure to renew the card could have consequences, as residents must maintain their registration, though their status is generally secure if they abide by the law.
How can a green card be revoked?
There are several factors that can lead to the loss of a green card and potential deportation.
“Any green card holder may face deportation depending on their circumstances,” Leopold noted.
Most commonly, loss of status occurs when a green card holder commits crimes, which can include violent offenses, marriage fraud, substance abuse, and other violations. Following a conviction, they would typically face removal proceedings in front of an immigration judge, explained Leopold.
A person may also lose their permanent resident status due to “substantiated claims of immigration fraud during the application process,” stated Elora Mukherjee, a professor at Columbia Law School and head of the university’s Immigrants’ Rights Clinic.
Mukherjee pointed out that individuals facing green card revocation are usually notified to appear before an immigration judge.
“They are allowed to contest why they should retain their status or acknowledge that their status can be revoked,” she elaborated. “Lawful permanent residents cannot be deprived of their status in the U.S. without due process.”
The severity of the offense can influence the judge’s ruling. In cases involving violent crimes, “deportation is almost inevitable,” noted Leopold. In some instances, individuals may petition a judge to cancel their deportation; however, the judge must assess whether the conviction is outweighed by factors like community ties, family relationships, or employment in the U.S., he added, emphasizing that this does not apply universally.
The processes surrounding the potential revocation of a green card are determined by the Immigration and Nationality Act, according to Mukherjee.
Under this act, green card holders can be deported without a criminal conviction, as Jaclyn Kelley-Widmer, an immigration law professor at Cornell Law School, explained to The Associated Press. For instance, if there is substantial reason to believe they have engaged in, or are likely to engage in, terrorist activities, they could face deportation, she outlined.
Another factor that may result in the loss of green card status is prolonged absence from the U.S.
“If they are outside the United States for more than a year, their status will likely be questioned upon their return,” Leopold stated.
Green card vs. citizenship
A green card holder is not considered a citizen. To become a naturalized citizen, they must complete an application and fulfill various requirements.
Do green card holders have the same rights as U.S. citizens?
All individuals in the United States are afforded protections under the U.S. Constitution, including green card holders, visa holders, and undocumented immigrants.
However, unlike citizens, green card holders risk deportation if they violate their immigration status, Leopold cautioned.
What is the Immigration and Nationality Act?
The Immigration and Nationality Act comprises a set of provisions related to immigration law, established in 1952.
This act outlines several grounds for deportation, including a clause asserting that a non-citizen “whose presence or actions in the United States the Secretary of State reasonably believes may pose significant adverse foreign policy implications for the U.S. is subject to deportation.”
A government document acquired by CBS News indicates this provision is being utilized by the Trump administration to validate Khalil’s detention.
White House press secretary Karoline Leavitt claimed on March 11 that Khalil had distributed “pro-Hamas” flyers. Hamas, deemed a terrorist organization by the U.S., has governed Gaza since 2007 and is linked to the deadly attack on Israel on October 7, 2023, which ignited the war in Gaza.
Khalil’s attorney, Amy Greer, asserted in a statement that his detention is unlawful.
“He has been singled out as an example to suppress entirely lawful dissent, infringing on the First Amendment,” she claimed.
Matthew Boaz, an assistant professor at the University of Kentucky’s J. David Rosenberg College of Law, highlighted in a Lawfare article that “one cannot simply lose their residency, even at the discretion of Secretary of State Marco Rubio.”
Such cases are heard by a federal immigration judge affiliated with the Department of Justice, which “does not constitute an independent judiciary,” as Leopold pointed out.
“The law mandates that the government establish its case by clear and convincing evidence,” which represents the highest standard in civil law, though not as stringent as beyond a reasonable doubt in criminal cases, Leopold clarified.
The foreign policy provision referenced by the administration is infrequently invoked, according to Leopold, who described it as “a remnant of the Cold War.”
Where is Mahmoud Khalil being held?
Khalil was taken into custody in New York by federal immigration officials. Initially, he was located at a detention center in New Jersey before being transported to another facility in Jena, Louisiana, according to his legal team.
“Louisiana hosts numerous ICE detention facilities, and it’s quite common for non-citizens in removal proceedings to be sent to places like Louisiana due to available space,” Robin Nunn, a legal analyst and trial attorney, informed CBS News 24/7 on March 11.
Khalil’s attorneys are working to overturn his transfer to Louisiana, deeming it “outrageously improper.”
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