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Green Card holders, including Indians, are facing never-before-seen scrutiny as the Trump administration walks the talk on citizenship, immigration and deportation. What are the rights of American Green Card holders, and what legal recourse do they have if they are threatened with deportation?
Green Card, officially known as a Permanent Resident Card, was seen as the next best thing to American citizenship. (Image: Generative AI)
Many in the US had imagined a clampdown on illegal immigrants and regulations on temporary work and student visas when Donald Trump was set to enter the White House. But not many would have imagined scrutiny of Green Card holders. A US Green Card was the next best thing to American citizenship, but recent detentions and deportations of Green Card holders have raised questions about the rights and recourse that Indians and others have in the US.
This scrutiny on Green Cards concerns Indians as they are the second-largest cohort to obtain US citizenship or Green Cards in FY 2024, with 49,700 Indians naturalised, accounting for 6.1% of the new citizens.
But, in the uncertain times when Indians face threat of expulsion, what are the rights and resources for Indian Green Card holders in the US?
THE RIGHTS AND RECOURSE TO A GREEN CARD HOLDER
Green Card holders, known as lawful permanent residents (LPRs), have the legal right to return to the US after travelling abroad. However, Customs and Border Protection (CBP) officers can inspect and question the holders to ensure their eligibility for a Green Card.
The US Citizenship and Immigration Services (USCIS) page clearly states the rights of a permanent resident.
"Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law," it states.
Green Card holders should be legally employed for any work they are qualified to do, but the US reserves some jobs for security reasons.
They will also be protected by US law, according to USCIS.
But this page does not just mention rights but also highlights the responsibilities of a Green Card holder.
They have to obey all the laws of the US and its localities and have to file their income tax returns and report their income to the US Internal Revenue Service (IRS) and state taxation authorities.
They have to support a democratic form of government and this does not mean voting as they can neither vote in federal nor in local elections.
They are required to register with the Selective Service, for potential military conscription, if they are male between the ages of 18 to 25.
If a visa is wrongly revoked in the US, recourse options include requesting reconsideration at the issuing consulate or seeking a waiver if inadmissibility is cited.
Another option is challenging the decision in a federal court.
There are procedural guidelines for revocation and appeals.
WHEN CAN A GREEN CARD BE REVOKED AND HOLDER DEPORTED?
A green card, or a Permanent Resident Card, permits non-citizens to live and work permanently in the US.
Most green cards have to be renewed in 10 years, David Leopold, an immigration law expert and partner at UB Greensfelder, told CBS news.
"The card expires, but the residency doesn't expire. If it is not renewed, there could be ramifications because you have to maintain the registration, but the status itself never expires assuming the person complies with the law," said Leopold.
But, there are a number of reasons why an individual could lose their Green Card and be deported.
It could be because they have committed marriage fraud, crimes and substance abuse.
If they are convicted, they serve their sentence in the US but face removal proceedings in front of an immigration judge.
A person can also lose their Green Card due to "substantiated charges of immigration fraud in the immigration process", Elora Mukherjee, a Columbia Law School professor and director of the university's Immigrants' Rights Clinic, told CBS.
Mukherjee stated how an individual whose Green Card is being revoked is given a notice to appear before an immigration judge.
It can also be revoked if there is enough reason to believe a person is engaging in terrorism or backing a terrorist organisation.
Recently, there have also been reports of increased scrutiny and secondary inspection of elderly Indians in US airports.
A Times of India report highlighted the growing concerns among US immigration attorneys over increased scrutiny of Green Card holders, particularly elderly Indians, at US airports.
Florida-based immigration attorney Ashwin Sharma told TOI that elderly Indian Green Card holders, "particularly grandparents who happen to have spent a bit longer outside the US", are being coerced into signing Form I-407 to "voluntarily" surrender their permanent residency.
While currently, the cases of Green Card holders being deported are handful, it would benefit Indians to know their rights and legal recourse in case of a secondary inspection leading to deportation.
Published By:
Priyanjali Narayan
Published On:
Mar 19, 2025
