“In dictatorships, they call this practice being disappeared.”
Since early March, the Trump Administration has expanded the alarming practice of detaining student visa and green card holders over political speech and activism. “You can disagree with his views or his politics, but there is no evidence he has broken any laws,” stated Senator Chris Murphy (D-Connecticut) about Mahmoud Khalil, a lawful permanent resident (LPR) who was detained on March 8 and told that his green card was revoked. Khalil remains in federal custody at time of posting.
“In dictatorships, they call this practice being disappeared,” continued Senator Murphy. “In America, your political speech is protected whether or not the President likes what you say.” Senator Jeff Merkley (D-Oregon) agreed, noting: “Protest is as American as apple pie—it's at the heart of who we are. Mahmoud Khalil is a green card holder entitled to protection of speech under the First Amendment. The Trump [Administration] is setting a dangerous precedent that can't go unchecked.”
Now, Khalil is one of several foreign nationals affiliated with universities who have been detained by Immigration and Customs Enforcement (ICE) as part of the Trump Administration’s immigration crackdown. Most of those in detention are LPRs, have temporary work visas, or are in the United State on student visas. U.S. Secretary of State Marco Rubio has claimed that the he has revoked 300 student visas or more, citing authority under the Immigration and Nationality Act. These anti-immigrant actions have affected nearly two dozen international students across Oregon, with 13 students affected at Oregon State University alone.
“The Trump Administration is targeting students with legal status and ripping people out of their communities without due process. This is an attack on our Constitution and basic freedoms,” said Senator Elizabeth Warren (D-Massachusetts), calling the arrests “the latest in an alarming pattern to stifle civil liberties.”
Immigration and legal experts underscore that everyone in the United States has constitutional rights, regardless of their immigration status. In addition, being an LPR allows individuals to live and work in the United State permanently; while the document itself expires, the status does not. According to the Immigrant Legal Resource Center, “Permanent Residence is a status – only an immigration judge can take away your permanent residence.”
Regardless, the Trump Administration’s actions against activists and scholars who are in the United States legally will likely set up a legal showdown over the free speech rights of foreign nationals. With these fundamental rights put into question by new immigration policies, some fear that similar methods may be used to clamp down on broader activism or any dissent against the administration.
How LPRs Can Protect Their Status Today
Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident.
Do not sign anything to give up your status without seeing a judge or consulting an attorney.
Permanent residents can travel freely, but remember It is always safest to travel outside of the United States for less than 6 months at a time. Speak with a lawyer if you need to relocate abroad or be out of the country for more than 6 months.
Permanent residents can lose their status if convicted of certain crimes. Only an immigration judge can make this decision. An immigration officer cannot deport you if you ask to speak with a judge or an attorney.
Only citizenship can completely protect you against deportation. You can apply for citizenship after five years as a permanent resident (or three years if you are married to a U.S. citizen). Request a consultation today.
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Please note that this information is general guidance and not legal advice. For legal advice, request a consultation from ICS or speak to an immigration attorney today.