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What Green Card and Visa Holders Need to Know About Recent Deportations

Stricter enforcement might affect immigrants traveling abroad

When noncitizens return to the U.S. from abroad, an immigration officer can decide whether they’re allowed to reenter the country. Photo: Alex Brandon/Associated Press

When noncitizens return to the U.S. from abroad, an immigration officer can decide whether they’re allowed to reenter the country. Photo: Alex Brandon/Associated Press

Several high-profile arrests and deportations in recent weeks have sparked fear among visa and green-card holders that they could be targeted by the Trump administration.  

President Trump has made immigration enforcement a central pillar of his administration. Earlier this month, he pledged that the arrest of Columbia University student and green card-holder Mahmoud Khalil was the first “of many to come.” 

Here’s what to know. 

 

Has immigration enforcement against green-card and visa holders changed?

So far, lawyers say, the administration has largely been targeting visa and green-card holders who have legitimate issues with their cases—such as prior drug charges or violating the terms of their visas—but the enforcement against them has been tougher than under previous administrations. For example, they say the current administration has been holding people instead of releasing them while their cases move through immigration court.

“It’s not like the laws are different, the refs are just calling the game differently,” said Jonathan Grode, an immigration attorney in Philadelphia.

The arrest and detention of Khalil, who has no apparent issues with his green card, has caused concern at colleges that other students will be targeted over their speech.

This week Brown University advised its international students and staff members not to travel outside the country after one of its professors was stopped and deported while returning to the U.S. from Lebanon.

“We’re seeing this kind of extreme escalation in immigration enforcement that’s even surpassing the promises of the Trump administration prior to coming into office,” said Lynn Damiano Pearson, a National Immigration Law Center attorney. 

 

What authority does the government have over immigrants returning to the country after a trip?

When noncitizens return to the U.S. from abroad, an immigration officer can decide whether they’re allowed to reenter the country. 

If they have a visa, Customs and Border Protection officials can deem them inadmissible and revoke it for a wide range of reasons, including issues related to health, crime, security and foreign-policy concerns. Immigration agents usually have the final say on turning away visa holders. 

Officials can detain green-card holders as well, but lawful permanent residents have the right to appear before a U.S. immigration judge to plead their case before their status is stripped. They can be held in detention while their case is reviewed.

 

What about American citizens reentering the country?

U.S. citizens also face some scrutiny when returning from travel abroad. Immigration agents may conduct searches in some cases, including looking through the contents of their phones. 

But unless an American is accused of fraudulently obtaining their citizenship, they won’t be prevented from reentering the country, said Matthew Boaz, an assistant professor at the University of Kentucky’s law school. 

 

Will there be another travel ban? 

The Trump administration is expected to reinstate a travel ban against multiple countries in the coming days, according to people familiar with the matter, though the final list couldn’t be determined. The ban is expected to include several countries in the Middle East or that have Muslim-majority populations. 

Under the first Trump administration, some countries faced total bans while others could send temporary visitors but not citizens looking to permanently immigrate. 

Trump attempted to block U.S. green-card holders from seven Muslim-majority countries in the first iteration of his travel ban, though that move was swiftly blocked by a federal court. 

 

What government scrutiny are visa and green-card holders subject to if they stay in the U.S.? 

The government can attempt to deport noncitizens who are in the country legally in some cases, for instance, if they have committed a serious crime such as holding federally-banned drugs.

An immigration judge generally makes the final decision on whether someone can be deported. 

The government pointed to a seldom-used provision of the Immigration and Nationality Act when it detained Columbia student Khalil. The law allows a person to be removed from the country if the Secretary of State has reasonable grounds to believe that person’s presence poses “serious adverse foreign policy consequences” for the U.S.

Khalil hasn’t been charged with a crime. Legal proceedings on his case are continuing.

 

What rights do immigrants have when approached by law enforcement?

According to immigration attorneys and advocacy groups:

  • Immigrants have the right to remain silent and, in most cases, the right to refuse a search if stopped by law-enforcement.
  • People may ask for a lawyer immediately if detained. Advocacy groups recommend adults carrying immigration papers at all times.
  • Immigrants have the right to refuse to open the door for law enforcement unless the agent or officer has a signed judicial search or arrest warrant, advocacy groups have said.

This explanatory article may be periodically updated.

Write to Victoria Albert at victoria.albert@wsj.com and Michelle Hackman at michelle.hackman@wsj.com

 

Author: Victoria Albert and Michelle Hackman

Source: WSJ:

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