## Introduction
Today, we’ll explore a significant aspect of the U.S. immigration landscape that has garnered a lot of attention in recent years. The immigration policies and enforcement actions under various administrations can greatly impact lawful permanent residents, commonly known as green card holders. Before we dive in, please note that this article does not constitute legal advice or immigration counseling. If any of the following information impacts you or your loved ones, we strongly recommend consulting a legal professional.
## Trump’s Deportation Plan
On January 23, 2023, the Biden administration began what it called the "largest deportation operation" in U.S. history. According to estimates from the American Immigration Council, a one-time push to deport all 11 million undocumented immigrants could cost around $315 billion. Additionally, deporting just one million people annually would entail an expenditure of about $88 million each year.
## The Laken Riley Act and Its Impact
The Laken Riley Act has introduced more stringent measures that can lead to immediate deportations. This act allows federal officials to detain and deport undocumented migrants accused of minor crimes—like shoplifting—before they are even convicted. Although this act was passed on January 22, it remains unclear when ICE (Immigration and Customs Enforcement) will implement these measures, as the agency has stated it requires an additional $27 billion in funding.
## Special Powers Granted to Law Enforcement
Moreover, the Trump administration empowered various law enforcement agencies, including the FBI, DEA, ATF, U.S. Marshals, and the Bureau of Prisons, to search their databases for information regarding the whereabouts and identities of undocumented migrants in the U.S. The president has also directed federal officials to investigate local authorities that obstruct new anti-immigration measures, as outlined in a memo by the Justice Department on January 21.
## Addressing the Dilemma: Can Green Card Holders be Deported?
With this context established, let’s address an important question: **Can green card holders be deported?** The short answer is **yes**.
During Donald Trump’s presidency, there was substantial fear regarding the deportation of green card holders (lawful permanent residents, or LPRs). While green card holders generally enjoy stable immigration status, they are not exempt from legal challenges or sudden policy changes. In this article, we will discuss the circumstances under which green card holders could face deportation, the legal framework for such removals, and what steps they can take for protection.
## Legal Grounds for Deporting Green Card Holders
Under U.S. immigration law, green card holders can be deported for various reasons, including:
### Criminal Convictions
Green card holders can face deportation for offenses involving moral turpitude (CIMT), which encompass crimes such as theft, fraud, or assault. Aggravated felonies, including specific drug offenses and violent crimes, can also lead to removal. Typically, convictions must occur after obtaining the green card, although certain pre-green card convictions could also trigger deportation.
### Fraud or Misrepresentation
If a green card was acquired through fraud—like a sham marriage—or if material facts were omitted during the application process, the individual could be subject to deportation.
### Abandonment of Residency
Remaining outside the U.S. for extended periods without maintaining significant connections (like filing taxes or having a permanent residence) may be seen as abandonment of permanent residency, which can lead to deportation.
### National Security Threats
Any involvement in terrorism, espionage, or activities that threaten U.S. national security can result in the deportation of a green card holder.
### Other Immigration Violations
Assisting someone to enter the U.S. illegally or failing to notify USCIS of a change of address may also lead to deportation.
## Policies Creating Uncertainty for Green Card Holders
While green card holders were not specifically targeted, various policies led to significant anxiety. Here are five critical policies from the Trump administration that have caused concern:
### 1. Broader Federal Immigration Enforcement Priorities
When Trump took office, he signed an executive order, which effectively overturned the Obama-era prioritization guidelines, making nearly every non-citizen with a criminal record a target for deportation. This had direct implications for green card holders, especially those with minor offenses.
### 2. Increased Fraud Investigations
USCIS ramped up scrutiny on green card and naturalization applications, reopening past cases to search for misrepresentations. Those whose green cards were obtained through suspicious means faced the risk of deportation.
### 3. The Public Charge Rule
The “public charge” rule instigated a significant amount of anxiety, particularly among lawful permanent residents already benefiting from government assistance. Many feared that accessing social services would jeopardize their immigration status.
### 4. Travel Restrictions and Entry Issues
Policies restricting travel from certain countries left green card holders anxious about re-entering the U.S., with many facing secondary inspections.
### 5. More Vetting and Removal for Criminal Offenses
The collaboration between ICE and USCIS resulted in heightened vetting and started flagging individuals with any criminal records, even if old.
## So, What Can Green Card Holders Do?
Despite the risks, green card holders have various legal protections against removal. Here are a few proactive steps to protect one’s status:
### 1. Don’t Commit Crimes
Avoid any illegal activities. Even minor offenses can have serious immigration consequences. If ever detained, consult both a criminal attorney and immigration counsel.
### 2. Maintain Strong Ties to the U.S.
Prepare to maintain a permanent U.S. address and file taxes regularly. Long absences from the U.S. can jeopardize residency.
### 3. Be Honest
Always be truthful in immigration applications and interviews. If issues arise with previous applications, seek legal advice promptly.
### 4. Stay Informed
Regularly follow updates on immigration policies and reach out to an immigration attorney for guidance.
### 5. Consider Naturalization
Becoming a U.S. citizen is the most effective way to ensure you cannot be deported, barring unusual circumstances.
## Conclusion: Know Your Rights
If you are a green card holder, it’s crucial to know your rights and responsibilities. Avoid criminal activities, maintain strong ties to the U.S., and consult with immigration attorneys to safeguard your status.
Stay informed. Consult regularly. Protect your residency. Your future may depend on it.
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