The question of whether Donald Trump would deport green card holders was a big fear and topic of speculation during his presidency. Green card holders (also known as lawful permanent residents or LPRs) have generally stable immigration status.
But their status is not immune to legal challenges or policy changes. In this post I’ll break down whether green card holders were deported under Trump, the legal framework for green card holder removals, the policies that caused fear and what green card holders can do to protect their status.
Green Card Holder Status and Deportation Risks
A green card allows foreign nationals to live and work in the U.S. indefinitely. But permanent resident status is not U.S. citizenship and comes with limitations.
Legal Basis for Deporting Green Card Holders
Under U.S. immigration law, green card holders can be deported if they violate certain provisions of the Immigration and Nationality Act (INA). Some of the common reasons for deportation are:
Criminal Convictions
- Green card holders can be deported for:
- Crimes involving moral turpitude (CIMT) such as theft, fraud or assault.
- Aggravated felonies including certain drug offenses, violent crimes or firearms violations.
- Convictions must generally occur after the person gets their green card but certain pre-green card convictions can also trigger removal.
Fraud or Misrepresentation
- If a green card was obtained through fraud (e.g. sham marriage) or by omitting material facts the individual is subject to removal.
Abandonment of Residency
- Spending extended time outside the U.S. without maintaining ties (e.g. filing taxes, having a U.S. home) can be considered abandonment of permanent residency.
National Security Threats
- Involvement in terrorism, espionage or any activity threatening U.S. national security makes a green card holder deportable.
Other Immigration Violations
- Helping someone enter the U.S. illegally or failing to notify USCIS of a change of address can lead to deportation.
President Donald Trump Administration Policies and Green Card Holders
The Trump administration’s policies were all about enforcement, including measures by customs enforcement, and that created a lot of fear among green card holders. Federal agencies were directed to implement aggressive actions against immigrants, increasing anxiety among green card holders.
The Department of Homeland Security played a significant role in these enforcement strategies, further contributing to the uncertainty. Local law enforcement agencies were also involved, leading to concerns about community trust and cooperation. While green card holders were not a specific target group, several policies created uncertainty and anxiety.
1. Broader Federal Immigration Enforcement Priorities
Early in Trump’s presidency an executive order eliminated the Obama era prioritization guidelines making almost any non-citizen with a criminal record a target for deportation.
Impact on Green Card Holders:
- Even those with minor or old convictions faced more scrutiny.
- Some LPRs with DUI convictions or minor theft charges were placed in removal proceedings.
2. More Fraud Investigations
USCIS increased scrutiny of green card and naturalization applications for fraud. This included reopening past cases to investigate potential misrepresentations.
Impact on Green Card Holders:
- Green card holders who got their status through questionable means (e.g. suspected sham marriages) faced deportation.
3. “Public Charge” Rule
The Trump administration wanted to deny green cards to immigrants who would become public charges. Although this rule applied to new applicants only, it created anxiety among LPRs already on government benefits.
Impact on Green Card Holders:
- Some feared accessing benefits like Medicaid or food stamps would retroactively put their status at risk, although that was not legally true.
4. Travel Restrictions and Entry Issues
Trump’s travel bans including restrictions on several Muslim majority countries created uncertainty and anxiety for green card holders traveling abroad.
Impact on Green Card Holders:
- Some LPRs faced secondary inspections upon reentry and had to prove they had not abandoned their residency.
5. More Vetting and Removal for Criminal Offenses
ICE and USCIS coordinated more, and LPRs with past convictions were identified faster.
Impact on Green Card Holders:
- Those with outstanding criminal matters or old records were more likely to be deported.
Trump’s Immigration Plan
Former President Donald Trump’s immigration plan aimed to overhaul the U.S. immigration system comprehensively. One of the most controversial aspects was the proposal to deport up to 20 million undocumented immigrants, including those with temporary legal status. This ambitious plan also sought to change the way immigration courts operate, intending to speed up the deportation process significantly.
In terms of border security, the plan included constructing a wall along the U.S.-Mexico border and deploying additional federal law enforcement officers. These measures were designed to increase border security and curb illegal immigration. Additionally, the plan proposed overhauling the asylum system to make it more difficult for asylum seekers to enter the U.S., reflecting a broader strategy to limit both illegal and legal immigration.
The plan also aimed to reduce the number of refugees allowed into the country and implement a merit-based system for selecting immigrants. This shift would prioritize immigrants based on skills and qualifications rather than family connections or humanitarian needs.
Immigration Courts and Litigation
The Trump administration’s immigration plan heavily relied on immigration courts to process deportation cases. However, the immigration court system was already overwhelmed, with a backlog of over 1 million cases. The plan to deport up to 20 million undocumented immigrants would have exacerbated this backlog, leading to lengthy delays and significant due process concerns.
Immigration advocates and attorneys prepared to litigate against the administration’s plan, arguing that it violated federal law and the Constitution. They worked tirelessly to provide legal representation to undocumented immigrants facing deportation, which is crucial for ensuring due process and protecting the rights of these individuals. The legal battles highlighted the tension between the administration’s aggressive deportation efforts and the fundamental rights guaranteed by the U.S. legal system.
Congressional Action and Response
Congress played a critical role in responding to the Trump administration’s immigration plan. Democrats in Congress were likely to oppose the plan, citing concerns about its constitutionality and the harm it would cause to immigrant communities. They argued that the plan’s aggressive deportation efforts and restrictive policies were not only inhumane but also legally questionable.
To counter the administration’s actions, Congress could take several steps. Limiting funding for the administration’s deportation efforts was one approach. Additionally, exercising oversight authority to investigate the administration’s actions and ensure compliance with federal law was another critical measure. Introducing legislation to protect the rights of undocumented immigrants and provide a pathway to citizenship was also on the agenda. These steps were essential to safeguarding the rights and well-being of undocumented immigrants in the face of aggressive federal immigration enforcement.
State and Local Protections
States and localities played a crucial role in protecting the rights of undocumented immigrants. Many cities and states had already implemented sanctuary policies, which limited cooperation with federal immigration authorities and provided protections for undocumented immigrants. These policies were designed to create safe environments where undocumented immigrants could live and work without fear of sudden deportation.
In addition to sanctuary policies, states and localities could take steps to provide legal representation to undocumented immigrants facing deportation. Offering other forms of support and resources, such as access to healthcare and education, was also vital. These local protections were essential in mitigating the impact of federal immigration enforcement and ensuring that undocumented immigrants had access to the resources and support they needed.
Border Security and Immigration Enforcement
The Trump administration’s immigration plan included several provisions related to border security and immigration enforcement. These measures aimed to increase the number of federal law enforcement officers deployed to the border and implement new technologies, such as drones and sensors, to monitor the border. Building a wall along the U.S.-Mexico border was a central component of this strategy.
However, these provisions faced widespread criticism for being ineffective and wasteful. Immigration advocates argued that the administration’s focus on border security and enforcement was misguided. They contended that addressing the root causes of immigration, such as poverty and violence in Central America, would be more effective. Instead of punitive measures, the administration should focus on implementing humane and effective immigration policies that prioritize the safety and dignity of all individuals, regardless of their immigration status.
The Reality: Did Trump Deport Green Card Holders?
While there was a lot of fear among green card holders of mass deportations, the reality was more complex. Deportations of LPRs during the Trump administration were mostly of individuals with clear legal grounds for removal, such as criminal convictions or fraud.
Examples of Targeted Cases
1. Green Card Holders with Criminal Convictions: LPRs with aggravated felony or multiple minor convictions were prioritized for removal.
2. Fraudulent Green Card Applications: Some LPRs who got their status through sham marriages or fake documents had their cases reopened and were deported.
3. Abandonment of Residency: Green card holders who spent years outside the U.S. without clear ties were flagged for abandonment and lost their status.
Protections for Green Card Holders Against Deportation
Despite the increased enforcement, green card holders have several legal protections against removal:
Due Process Rights
- Deportation proceedings must follow the rules, including a hearing before an immigration judge.
- Green card holders can appeal unfavorable decisions, often times delaying or preventing removal.
Government’s Burden of Proof
- USCIS or ICE must show that the green card holder has violated immigration laws or committed a deportable offense.
Legal Defenses in Deportation Proceedings
- LPRs can defend against removal by showing rehabilitation, family hardship or eligibility for relief such as cancellation of removal.
What Green Card Holders Can Do to Protect Their Immigration Status
If you’re a green card holder worried about deportation, take proactive steps to protect your status and your peace of mind:
1. Don’t Commit Crimes
- Even minor offenses can have big immigration consequences.
- If detained, consult with a criminal attorney and an immigration attorney.
2. Keep Strong Ties to the U.S.
- File U.S. taxes every year and have a permanent U.S. address.
- Avoid long trips abroad and get a reentry permit if you must travel for an extended period.
3. Be Honest in Immigration Processes
- Always tell the truth in immigration applications and interviews.
- If you think there’s an issue with your original application, seek legal advice to fix it.
4. Stay Informed
- Keep up with immigration policies and how they affect you.
- Contact an immigration attorney for updates and advice.
5. Become a U.S. Citizen
- Naturalization is the best way to be removed-proof, as U.S. citizens cannot be deported.
What to Do If You’re in Danger?
If you think you may be in danger as a green card holder, do the following:
See an Immigration Attorney
- A qualified attorney can review your case and develop a defense.
Gather Evidence of Your Residency
- Collect documents that show your strong ties to the U.S., such as tax returns, employment records and family relationships.
Fix Any Past Legal Issues
- Take care of outstanding warrants or criminal cases with legal help.
Green Card Holder Deportations – The Risks and Reality
While the Trump administration under former President Donald Trump caused green card holders to be anxious, the reality was that removals of LPRs were limited to those who violated immigration laws. President Donald Trump’s policies led to increased scrutiny and enforcement, showing that green card holders need to be vigilant and compliant.
President Trump’s administration emphasized enforcement, which created a climate of fear among immigrants. The potential for a second Trump administration raises concerns about even stricter immigration policies and enforcement measures.
If you’re a green card holder, know your rights and responsibilities. Don’t commit crimes, keep strong ties to the U.S. and consult with an immigration attorney. If you want to be extra safe, become a U.S. citizen.
Stay informed. Consult. Protect.
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