Could Visa and Green Card Holders Be Deported? What the Law Says

ttorneys have told Newsweek that many immigrants in the United States with legal status, including temporary visas and green cards, are increasingly anxious that their documentation could be revoked. The arrests of Palestinian protester Mahmoud Khalil, a permanent resident now fighting deportation, along with a handful of others with visas and green cards, have brought attention to questions over the securities offered by holding legal status in the U.S. "I feel like anxiety is higher. I think what people have realized over the last weeks and days is that immigration status in the United States can be challenged, it can be revoked, and there can be serious consequences," David Leopold, an immigration attorney at UB Greensfelder in Ohio, told Newsweek. The Trump administration has made it clear that it is getting tough on immigration enforcement, both when it comes to those who crossed the southwest border illegally and those who violate immigration laws. In recent weeks, President Donald Trump has sought to impose various policy changes while also relying on immigration law clauses that have existed for decades but were perhaps underutilized. US visa revocation U.S. Secretary of State Marco Rubio (inset) has said he will seek the revocation of visas for those found to show support for terrorist organizations or with viewpoints which do not match U.S. foreign policy. Getty Images Secretary of State Marco Rubio told CBS' Face the Nation on Sunday that "every day now we are approving visa revocations," following multiple reports of visas being canceled for students accused of promoting pro-Hamas messaging in college campus protests. One such case involving Columbia University graduate Mahmoud Khalil has seen U.S. authorities look to withdraw his permanent resident status. A German citizen whose green card extension application was underway was still detained by U.S. Immigration and Customs Enforcement (ICE) and interrogated, according to his mother. "It's definitely an uncertain time, and we are, for sure, seeing a marked increase in clients seeing a heightened level of anxiety," Eliss Taub, a partner at immigration law firm Siskind Susser, told Newsweek. "All of my clients are here in the United States with authorization. I'm even hearing from clients who have green cards who are nervous about traveling outside the states." Taub said she is telling clients not to travel outside the U.S. unless necessary, regardless of where they are from. Who Decides Who Can Keep Their Visa? USCIS leaflet An information booklet for new immigrants seen in 2020. Getty Images Recent stories about visa revocations have involved Border Patrol, ICE and other Department of Homeland Security agents, and the State Department. This is because different agencies are involved at different stages of the immigration process. "For example, USCIS, the immigration service, might approve an H-1B petition for somebody to come to the United States to work in a specific position for a specific employer, and that person might be sitting in some other country when that petition gets approved," Taub explained. "In order for them to come here, they have to go and visit a U.S. embassy or consulate in their home country to apply for a visa, and so that's the State Department that operates all of the U.S. consular posts. So, the State Department is going to decide: 'Is this person eligible for a visa?' "In this context, the word visa is important. It's like a ticket of admission into the United States. It says, 'I am allowed to come to the border and ask you to admit me, in this status, because I meet all the requirements.'" The State Department carries out background checks before approval, but when a visitor or immigrant arrives at the border, U.S. Customs and Border Protection (CBP) takes over, and its agents assess whether any issues have been flagged. Taub said this could even apply to those entering the U.S. on a tourist visa. A person initially stating that they were staying in the U.S. for a two-week visit to Walt Disney World before telling a border agent they may stay longer and travel around could cause suspicion and lead to problems later. What Protections Do Green Card Holders Have? The United States Citizenship and Immigration Service (USCIS) says that a green card holder has the right to live permanently in the U.S. provided they do not commit any actions that "would make you removable under immigration law." This includes breaking laws and not filing taxes. A green card holder is protected by all U.S. laws, including those at the state and local levels, and they can apply for jobs more freely than those who may be in the U.S. on work-based visas. Travel is also far easier with a green card than with other temporary visas, but holders must make sure they do not leave for more than six months at a time. "There's a reason why somebody would want a green card versus to be here on a temporary visa because it is lawful permanent residence, it gives you the ability to live and work permanently in the United States. But that said, it is not citizenship," Taub said. Green card holders must renew their cards every 10 years and can apply for citizenship after three years if they are married to a U.S. citizen or five if not. Can Visa and Green Card Holders Be Deported? US Deportation U.S. Customs and Border Protection agents guide illegal immigrants onboard a removal flight at Fort Bliss, Texas, on January 23, 2025. Dept. of Defense photo by U.S. Army Sgt. 1st Class Nicholas J. De La Pena If visa or green card holders are found to be violating immigration rules or U.S. law, they can face deportation or removal. A person arriving at the border who is denied entry by CBP would likely simply be sent home rather than placed in detention if they were coming on a temporary nonimmigrant visa. The federal government can decide to put an immigrant who is within the U.S. into removal proceedings, which would involve a court hearing. Part of this would be the revocation of their specified visa. "There are many grounds of deportability, including criminal convictions, prostitution, domestic violence," Stephen Yale-Loehr, a retired immigration professor at Cornell University, told Newsweek. "One of the more obscure grounds that has existed for many years allows the secretary of State to put someone into deportation proceedings if the Secretary determines that that person's presence has serious adverse foreign policy consequences." "That provision has not been used very often," Yale-Loehr continued. "I can only recall one time, or two times, in the last 30 years, but now we have seen at least two instances where this administration has invoked that ground of deportability, both to revoke those students' visas and to place them in deportation proceedings." The students in question were Khalil, who is a graduate, and a doctoral student also at Columbia who was accused of "advocating for violence and terrorism" in protests on campus last year. "Coming to the United States on a visa is a privilege, not a right," Rubio said on March 12. "The Trump Administration is determined to deny or revoke your visa if you're here to support terrorists." Read more ICE detains 18 people showing up for scheduled immigration appointments Donald Trump has an unlikely legal path to a third term: What experts say What Elon Musk has said about China—Billionaire's business ties to US rival What About Due Process? The rise of visa revocations has not just been connected to those accused of showing support for Palestine or the Venezuelans deported for alleged ties to Tren de Aragua over the weekend. The reports have also included a French researcher who had messages on his phone expressing a negative opinion about Trump's cuts to science funding, along with German and British tourists who ended up in ICE custody. Mahmoud Khalil protest Pro-Palestinian activists participate in a "Fight for our Rights" rally and in support of Mahmoud Khalil in Times Square on March 15, 2025. LEONARDO MUNOZ/AFP via Getty Images Yale-Loehr said anyone in the United States, even those without legal immigration status, has constitutional rights, such as the right to free speech and the right to due process—i.e., to have their case heard in court. The former professor added that the president of the United States has discretionary powers regarding immigration, however, because the issue touches on foreign relations. "This administration seems more willing to use these old deportation grounds that have been around since the Red Scare of 1950s as a way to go after people who do speak out," he said. "We'll have to see whether the courts strike down these efforts as violating the students' constitutional rights or whether they say that, despite the Constitution, the president does have the right to deport these people." For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.