As Columbia University activists with green cards, Georgetown University with student visas, and kidney transplant specialists at brown universities with work visas, they are one of those who have recently been detained by immigration authorities or entered the US, despite having legal permits.
President Donald Trump has said he supports legal immigration, and executive officials have ensured that Trump’s campaign promises for mass expulsion focus on those who committed violent crimes. However, some of the most well-known examples of deportation attempts are those who have legal permission to be in the United States.
Immigration experts said that while those with visas and green cards have been deported under other administrations, some of the Trump administration’s actions are unprecedented.
“The Trump administration is looking for an inexplicable passage in immigration law to abandon typical guidelines and procedures and to allow people to remove the desired person ideally, limited or legitimate procedures,” said Matthew Boaz, professor of immigration law at the University of Kentucky.
Mahmoud Khalil, a Columbia University graduate and a pro-Palestinian activist, said he was detained by immigration authorities and he was deported and could cite Cold War era laws. Under that law, the Secretary of State can target non-citizens for deportation if their presence or activity could threaten the interests of US foreign policy. The government has yet to provide evidence of how Halil is threatening US foreign policy.
Immigration authorities cite the same Cold War era laws while trying to deport another Columbia University student involved in the Palestinian movement. A federal judge temporarily blocked students from detention and deportation.
In these cases, what evidence do government officials need, and what are the rights of people?
Immigration experts said the government must provide evidence to deport green cards or visa holders, but the process could be lengthy. For example, Halil was arrested on March 8th and is being held in an ice detention facility in Louisiana as his case progresses. His lawyers say detention is illegal and they are trying to move the case to New Jersey.
For visa holders at US borders or airports, customs officials may choose to refuse people to enter without evidence.
What are some reasons why legal permanent residents could be deported?
Legal permanent residents or people with green cards could be deported from the United States. But they have the right to sue their case in court first. Only the immigration judge has the authority to revoke the green card.
There are several reasons why green cardholders may be eligible for deportation, including criminal convictions such as rape, murder, and drug trafficking.
The government can also deport permanent residents if they commit immigration fraud.
After Khalil was detained in ICE custody for about two weeks, the Immigration Bureau renewed his bill and accused him of fraud in his 2024 green card application. The government says Halil did not disclose his work with UNRWA, the United Nations Palestinian Refugee Agency and other international groups.
Before the government revised Halil’s claims, advocacy groups accused the Trump administration of violating Halil’s right to free speech. After his arrest, Halil’s lawyer filed a petition claiming that Ice was arrested and detained “on his speech” in violation of the initial amendment, the American Civil Liberties Union wrote.
Drug-related convictions could be the cause of deportation. German engineer and green card holder Fabian Schmidt was taken into custody after returning to the United States on March 7th. Schmidt was charged with misdemeanors and DUI 10 years ago, NPR reported.
Another green card holder, Ma Yang, has been living in the US since he was eight months old, but was deported to Laos in the first week of March and sentenced him to be part of the marijuana trafficking business, reported by the Milwaukee Journal Sentinel.
What evidence should the government provide to deport legal permanent residents?
The US government must first provide the green card holder with a notice of charge, which is the invoice for immigration cases. In it, the government lists why it believes that a person is deportable, said Jaclyn Kelley-Widmer, a professor of immigration law at Cornell University.
Once someone receives the bill, an immigration court case will begin. The court must show that the US government has a burden of proof and through “clear and persuasive evidence” (which is likely to be true more than true) that a person may be deported.
The evidence that government lawyers must provide depends on the case. For example, an attorney can use evidence of a criminal conviction to indicate that someone has been convicted of a felony. Alternatively, the attorney could present a tax return to prove that someone filed a tax as a non-resident, and therefore waived a legal permanent status.
What is the deportation process for tourists, students, or those with work visas?
Like legal permanent residents, tourists, students, or people with work visas already in the United States will also be given notices that appear when the government believes they are deportable.
Visa holders may be deported for crime or fraud, if they continue on their visa or are working without permission. Visa holders are given the same due process as legal permanent residents, and the government has a burden of proof.
Immigration authorities have detained Badal Khan Suri, a graduate student who teaches at Georgetown University on a student visa. Sri’s visa was revoked using the same authority cited in the Khalil case – his presence or activity could threaten the interests of US foreign policy, Politico reported. He is waiting for an immigration lawsuit.
Visa holders may also deny entry to the airport or the US border, as the visa itself does not allow us to enter. Customs and border guards have the authority to recognize people and refuse entry. If a visa holder has been found criminally guilty of a past criminal conviction, is at risk of staying on a visa, or is likely to come to the US to work for the US without permission, they may refuse entry.
For example, in late January, a German tourist, a tattoo artist, was denied after border officials assumed they would work illegally in the US because they were carrying tattoo equipment, the Guardian reported.
Is the Trump administration following that process?
Immigration law experts had different opinions on whether the Trump administration followed the legal process to deport US legal permanent residents or visa holders.
“My understanding is, for now, they’re following the process,” immigration law professor Boaz said, citing the fact that people are receiving their bills and awaiting trial. “The difference is how it’s done.”
Boaz said people usually know what kind of conduct is “a target for removal,” including having no legal status or not being convicted of criminality. That’s not the case under the Trump administration, as people without criminal convictions are being targeted.
Other experts said the administration has deviated from the law.
“Even if the law protects someone from deportation, there is no guarantee that ICE will comply with the law today,” said Rebecca Scharpress, director of the University of Miami immigration clinic. “People need to make choices about things like travel with this reality in mind.”
According to a petition filed by Halil’s lawyers, an immigration agent who arrested Halil outside his home said his student visa had been revoked but he had no student visa. After Halil’s wife shows to the agent that Halil has a green card, the agent tells him that it has also been cancelled.
However, immigration agents cannot revoke their legal permanent status. Only an immigration judge can do this after a court case.
“It was later revealed that the Department of Homeland Security had filed accusations against Mr Halil,” the petition said under Cold War era regulations.
The Trump administration also drove away brown university doctors at the airport, despite court orders hindering it.
Rasha Alawieh, a kidney transplant expert with a US work visa, was denied entry to the airport after border officials said they had found pictures of Hezbollah members on her phone, CBS News reported.
Immigration officials said Alawie had not received the judge’s order until Alawie was deported, CNN reported.
The French government said one of the scientists, one of the scientists, was denied entry into the United States because his phone had a message that “expressed “personal opinions” about the Trump administration’s scientific policy.”
“There are only specific reasons why someone can be denied entry to the US and oppose Trump, but they’re not usually one of them,” said David Leopold, an immigration lawyer and former president.
What rights do immigrants have when interacting with immigrant staff?
People already in the United States are protected by the US Constitution. Immigration law experts say immigration agents cannot enter people’s homes unless there is a warrant signed by a judge. In many cases, immigration officers have administrative warrants signed by immigration and customs enforcement officers. These do not have the same legal weight as a judicial warrant.
To obtain a judicial warrant, immigration officials must “present evidence of the crime to the judge,” Kelly Witcher said.
At airports, people’s rights differ.
All travelers are subject to customs official questions regarding their identity and immigration status. US citizens and green cardholders cannot deny entry into the United States, the American Civil Liberties Union writes. However, green card holders could be detained if officers suspect they are deportable. Visa holders may refuse to enter if they refuse to answer a question.