What evidence does the US government need to deport green card holders? | Government News

A Columbia University activist holds a green card, an academic at Georgetown University with a student visa, and a kidney transplant specialist at the University of Brown with a work visa: they are among the people who, despite the presence of legal permission in the United States, were recently detained by the immigration authorities or refused to enter the United States at airports.
President Donald Trump said he supports Legal immigrationAdministration officials have made assurances that the Trump campaign of mass deportation will focus on people who committed violent crimes. But some of The highest examples From trying to deport are the people who have legal permission to be in the United States.
Immigration experts said that people with green visas and cards were deported under other departments, but some of the Trump administration’s actions were not preceded.
“The Trump administration has abandoned typical instructions and procedures and is looking for mysterious clips of the Immigration Law to ensure that you can remove anyone who wants it, ideally with limited or non -legal procedures,” said Matthew Bawaz, a professor of immigration law at Kentucky University.
A graduate of the University of Colombia and a pro -Palestinian activist Mahmoud Khalil Immigration authorities, who said it could be deported and cited a law in the Cold War era. Under this law, the Foreign Minister can make a non -citizen subject to deportation if their presence or activities may threaten American foreign policy interests. The government has not yet provided evidence of how Khalil threatened our foreign policy.
Immigration authorities were martyred by the same law as the cold war era while seeking to deport another Columbia University student She participates in the pro -Palestine movement. A temporary federal judge Prohibited Student detention and deportation.
What is the evidence that government officials need in these cases, and what are the rights of people?
Immigration experts said the government should show evidence of a green card or a visa holder, but the process may be long. For example, Khalil was arrested on March 8 and was detained at the Louisiana ice detention facility as his case continued. His lawyers say that arrest illegal They are trying to transfer the case to New Jersey.
For visa holders at the American border or airports, customs officials can choose to deprive people of people entering without evidence.
What are the reasons that can be deported by the permanent legal resident?
People with legal permanent residence, or a green card, can be deported from the United States. But they first have the right to waive their case in court. Only the immigration judge has the ability to cancel a green card.
There are several reasons that the owners of green cards may be qualified to deport, including criminal condemnation such as rape, murder or drug trafficking.
The government can also deport the permanent population if they make a fraud.
After Khalil’s detention of the detention of ice for about two weeks, the immigration authorities have updated his shipping documents, accusing of defrauding the 2024 green card.
Before the government amends the Khalil shipping document, the invitation groups accused Trump administration violates Khalil’s right to freedom of expression. After his arrest, Khalil’s lawyers of a petition claimed that Ice had arrested and arrested Khalil “on the basis of his speech” in violation of the first amendment, as the American Civil Liberties Union wrote.
Drug -related religions can be a cause of deportation. Fabian Schmidt, a German engineer and a green card holder, was detained after his return to the United States on March 7.
The owner of the other green card, Yang, who lived in the United States since she was eight -month -old, was deported to Laos in the first week of March after admitting that he was guilty of prison sentence as part of the marijuana smuggling process.
What is the evidence that the government must provide to deport a permanent legal resident?
The United States government must first serve the green card holder with a notice of appearance, which is a shipping document for immigration. Jacqueline Kelly and Emere, a professor of immigration law at Cornell University, said the government lists the reasons that the person believes can be deported.
Once someone receives a shipping document, the Immigration Court case is started. In court, the United States government has the burden of proof and must appear through “clear and convincing evidence” – more likely to correct correction – that the person can be deported.
Evidence depends on the fact that government lawyers should be brought on the case. For example, lawyers can use proof of criminal condemnation to show that someone has been convicted of a strict felony. Or the lawyers can show tax deposits to prove that someone has raised taxes as a non -resident, and thus abandons the legal permanent situation.
What is the deportation process for people with tourism, student or work visas?
Like permanent legal residents, people with tourist visas, student, or work are already in the United States who are also given notifications to appear if the government believes that it is deportable.
Visa holders can be deported for reasons that include crime and fraud, if they exceed their visa or if they work without permission. Visa owners are granted the same legal procedures as permanent legal residents, and the government has the burden of proof.
Immigration authorities were detained Badar Khan is a SyrianA student of graduate studies in teaching Georgetown University on a student visa. A Syrian visa has been canceled using the same authority mentioned in the Khalil case – that its presence or activities may threaten the interests of American foreign policy – reported Politico. He is waiting for immigration procedures.
The visa holders can also be rejected from entering the American airport or border, because the same visa does not give us entry. Customs officers and border protection have the power to accept people or refuse to enter. They may deny entry if the visa holders have a previous criminal conviction, or are at risk of overcoming their visas or may come to the United States to work without permission.
For example, in late January, a German tourist, a tattoo artist, was rejected after border officials assumed that she would work illegally in the United States because she was carrying tattoo equipment, according to the Guardian newspaper.
Does the Trump administration follow the process?
Immigration law experts had different opinions on whether the Trump administration had followed the legal operations of the deportation of permanent legal population or visas in the United States.
“What I understand, at the present time, follow the process,” said Bawaz, a professor of immigration law. “What differs is the way to be done.”
“It will make them a target for removal,” said Bawaz, people, such as the lack of a legal status or a criminal condemnation. This is not the case under the Trump administration, as people were targeted without criminal condemnation and legal status.
Other experts said that the administration deviated from the law.
“Even if the law protects a person from deportation, there is no guarantee today that ICE will abide by the law,” said Rebecca Charbis, director of the Migration Clinic at Miami University. “People should make options about things like traveling with this reality in mind.”
Immigration agents who arrested Khalil outside his house initially said that his student visa had been canceled, although he had no student visa, according to the petition provided by Khalil’s lawyers. After Khalil’s wife, the agents, showed that Khalil had a green card, the agents said he was also canceled.
However, immigration scientists cannot cancel the permanent legal status; Judges can only be immigration, after court actions.
The petition said: “It appeared later that the Ministry of Internal Security was receiving Mr. Khalil” under the rule of the Cold War era.
The Trump administration also launched the Braun University doctor at the airport despite the court’s order to prevent it.
CBS News reported that Rasha Yiwa, a kidney transplant specialist in an American work visa, was prevented from entering an airport after border officials said that they had found pictures of Hezbollah members on her phone.
Immigration officers said that they did not receive the judge’s order until after the Implementation was deported, CNN reported.
Philip Babti, France Minister, told the New York Times that one of her citizens, a scientist, was deprived of entering the United States because his phone had messages “expressed by his” personal opinion “in the Trump administration policies.
“There are only specific reasons through which a person can accept acceptance in the United States, and the difference with Trump is usually not one of them,” said David Leopold, a lawyer and former head of the American Immigration Attorney Association.
What are the rights of immigrants when interacting with immigration officials?
People already in the United States are protected under the United States Constitution. Immigration law experts said that the immigration agent could not enter the homes of people unless they have a signed judge. Immigration officials often have administrative orders signed by immigration and customs enforcement official; These do not have the same legal weight as a judicial matter.
Kelly Wameer said that to obtain a judicial order, immigration officials must “provide evidence of a judge.”
In airports, people’s rights differ.
Every traveler undergoes customs employees questions about their identity and immigration. The American Civil Liberties Union wrote. But green card holders can be held if officers are suspected of being deported. The visa holders can be rejected if they refuse to answer the questions.
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2025-03-28 10:00:00