US Green Cards at Risk: Proposed Rule Could Allow Revocation at Any Time

A major change is happening in the world of US immigration. A recently introduced proposed rule is now being checked by the courts and if it becomes law, it would allow the US government to take away permanent resident cards anytime after sending them out, even after many years. Many individuals from immigrant communities, along with experts in the law and policy, are greatly shaken by this news and are now questioning what “permanent” residency means in the US.

Background: The Case That Sparked a National Debate

The issues raised in this controversy relate to the ongoing case of Mohammad Qatanani, a Palestinian-born imam based in New Jersey. Qatanani applied for permanent residency in 1999, but it was denied in 2006 under the claim that he had been detained in Israel for threats against Israel and had links to the Hamas group, all allegations he denies, and he mentioned that he was detained and mistreated.

The Board of Immigration Appeals reversed the judge’s decision and took away the green card, regardless of the fact that the immigration judge granted his case not once but twice. Green card status is now being debated because of Qatanani’s appeal case.

Also Read: Indian Americans: 5.2 Million Strong, Now the US’s Second-Largest Asian Group

The Government’s Argument: No Time Limit on Revocation

Justice Department attorney Lindsay Murphy said at a recent hearing before the Third Circuit Court of Appeals that the US Attorney General has the power to revoke someone’s green card whenever they fail to complete necessary paperwork, even if many years have gone by since the green card was initially approved1115. When asked by Judge Freeman if it could still be applied years from now, Murphy explained, “There is no time limit on the regulation, so it could still be used.”

Legal and Ethical Concerns: Due Process Under Threat

There have been many objections from legal experts regarding the government’s position. Professor Amelia Wilson from Elisabeth Haub School of Law explained that the Department of Homeland Security cannot autonomously take away someone’s permanent resident visa status. To end its decision, the government must give notice to the person and conduct a hearing, using firm, certain and clear evidence against the person.

Reacting to the U.S. government’s position, Bradford Bernstein, a recognised immigration lawyer, said this could very much weaken the due process rights of foreign nationals living in the U.S.

Also Read: Trump Seeks Supreme Court Nod to Revoke Migrant Legal Status

Potential Impact: Who Could Be Affected?

If the government wins, its ruling in the case would initially affect Pennsylvania, New Jersey and Delaware, but if upheld by the Supreme Court, it could be used as a model in various other states. Millions of legal residents might have their green cards under consideration or could be taken away under a new law allowing for their indefinite review.

Reasons for Cancellation of a Green Card

Green cards traditionally may be withdrawn for specific reasons.

• Fraud or trying to present incorrect or missing information when applying

• Even if it happens, if a crime is not admitted

• Associated with some organisations or involving security matters

• Breaking the laws around immigration

Under the change, the amount of time that has passed since the case is no longer a consideration for revocation—it can happen anytime in the future.

Broader Context: A Tougher Immigration Climate

The proposal appears at a time when the Trump administration is taking a tough stance on immigration. With the “Catch-And-Revoke” policy, green card holders are made aware that any violation of the law, big or small, could mean their immediate deportation101416. It is important to note that, according to the administration, getting a visa in America is a privilege. We must always show respect for our laws and our values. If you petition for violence, support terrorism or call for others to do the same, you will be required to leave the US.

The new policy puts even more pressure on Indian immigrants who have been waiting an unusually long time for green cards.

Also Read: Fastest US Visa Appointments: Apply From These Indian Cities

Experts Debate: Legal, Social and Human Rights Concerns

Most legal experts and professionals agree on the seriousness of the issue. According to a Cornell Law School expert, making lawful permanent residency indefinitely withdrawable because of minor issues is both unusual and a risk to permanent residency. Lacking a time limit for foreigners to revoke their green card could mean that holders have a lot of worry and not know if their status will change.

Only a green card can be revoked by an immigration judge with a proper process, and neither the Homeland Security Department nor the Attorney General has this authority independently.

Community Response: Anxiety and Calls for Vigilance

Advocacy groups, legal groups and communities made up of immigrants are concerned. Several individuals are encouraging green card holders to check their records, get professional legal advice and confirm all the rules are followed. Those who live in the US for a long time, have families and participate in their communities often feel extremely vulnerable because their status could be questioned in the past.

What Happens Next? Judicial and Political Outlook

People are closely interested in the outcome of the case before the Third Circuit Court. If judges rule in favour of the government, it could encourage the executive to crack down further on immigration and shake up the judicial process for noncitizens1615. Lawsuits are likely to occur and the Supreme Court may be the one to decide the case.

The argument has sparked a heated discussion about US immigration policy, what powers the president has and the rights of people with legal status159.

Conclusion

The new rule to take away green cards at any point is a significant change in US immigration laws that affects many areas of society and raises many questions. Officials say the rules are needed to ensure the process is followed, yet critics assert that they may result in a loss of certainty for millions of residents. The fate of lawful permanent residency and many immigrants depends on the outcomes of the court hearings.

To know more about the latest immigration news, contact TerraTern right away!