Additional Coverage:
Legal Immigrants Facing Detention and Deportation Under Trump Administration
Several individuals with legal permission to be in the U.S. have been detained or denied entry under the Trump administration. These include a Columbia University activist with a green card, a Georgetown University academic on a student visa, and a Brown University doctor with a work visa.
While President Trump has voiced support for legal immigration and officials have stated that deportations would target those who have committed violent crimes, some of the most prominent deportation cases involve individuals with legal status. Immigration experts note that deportations of visa and green card holders have occurred under previous administrations, but some of the Trump administration’s actions are unprecedented.
One example involves a Columbia University graduate and activist detained under a Cold War-era law, which allows deportation if an individual’s presence or activities are deemed a threat to U.S. foreign policy interests. The government has not yet provided evidence of such a threat. This same law has been cited in another case involving a Columbia University student, although a judge temporarily blocked that student’s detention and deportation.
In these cases, the government is required to provide proof to deport a green card or visa holder. The process can be lengthy, often involving detention while the case proceeds. However, for visa holders at borders or airports, customs officials can deny entry without evidence.
Grounds for Deportation of Green Card Holders
Green card holders have the right to plead their case in court and only an immigration judge can revoke a green card. Grounds for deportation include criminal convictions such as rape, murder, or drug trafficking, as well as immigration fraud.
Deportation Process for Visa Holders
Like green card holders, visa holders within the U.S. are given notices to appear if deemed deportable. Reasons for deportation include criminal activity, fraud, overstaying a visa, or working without authorization.
They are afforded due process, and the government bears the burden of proof. However, visa holders can be denied entry at a U.S. border or airport without evidence, as a visa does not guarantee entry.
Is the Trump Administration Following Due Process?
Legal experts have differing views on whether the administration is following due process. Some believe the process is being followed, albeit in a different manner, targeting individuals without criminal convictions or with legal status. Others argue that the administration is deviating from established legal procedures.
There have been instances where agents misrepresented an individual’s immigration status and attempted to revoke a green card, a power reserved for immigration judges. Additionally, a court order preventing the deportation of a Brown University doctor was reportedly not received by immigration officers until after the individual was deported.
Immigrant Rights
Individuals within the U.S. are protected by the Constitution. Immigration agents require a judicial warrant signed by a judge to enter a home.
At airports, all travelers are subject to questioning about their identity and immigration status. While U.S. citizens and green card holders cannot be denied entry, green card holders can be detained if suspected of being deportable, and visa holders can be denied entry for refusing to answer questions.