Can Green Card and Student Visa Holders Be Deported from the US? Here’s How

The recent arrest of Mahmoud Khalil, a Palestinian activist involved in protests at Columbia University over the Israel-Hamas conflict, has raised concerns about the legal protections available to green card holders and foreign students in the US.

A green card grants lawful permanent resident status, allowing individuals to live and work in the US indefinitely. However, this status is not absolute, and deportation remains a possibility under certain circumstances.

Rights and Responsibilities of Green Card Holders

According to US Citizenship and Immigration Services (USCIS), green card holders have the right to:

• Live permanently in the US, provided they do not commit deportable offenses.
• Work in any legal job they qualify for, except some roles restricted to US citizens for security reasons.
• Be protected by all US laws, including state and local regulations.

Also Read: USCIS Lawsuit Forces 30-Day Extension for Older Immigration Forms – What You Need to Know!

They must also fulfill certain responsibilities, such as:

• Obeying all US and local laws.
• Filing income tax returns and reporting income to the Internal Revenue Service (IRS).
• Supporting the democratic form of government, although they cannot vote in elections.
• Registering with the Selective Service if they are male and between 18 and 25 years old.

Can Green Card Holders Be Deported?

Yes, green card holders can be deported under specific circumstances.

“Generally, green card holders have the same First Amendment rights as US citizens. Constitutionally protected speech, including peaceful protest, would not normally be grounds for canceling a green card. Green cards are typically revoked for serious crimes or other obvious violations,” said Russell A. Stamets, a legal expert at Circle of Counsels.

Legal grounds for deportation include:

• Committing aggravated felonies or other serious crimes.
• Engaging in fraud or misrepresentation in immigration applications.
• Being deemed a national security threat.
• Abandoning residency by staying outside the US for an extended period.

However, legal experts note that green card holders have options to challenge deportation, including seeking waivers, cancellation of removal, or other legal defenses, particularly if they have strong family ties in the US.

What About Student Visa Holders?

Foreign students on F-1, M-1, or J-1 visas face stricter immigration rules.

“Student visa holders have fewer protections and can be deported for violating visa conditions, overstaying, or committing crimes,” said Aurelia Menezes, an attorney at King Stubb & Kasiva.

Unlike green card holders, students must strictly comply with visa conditions, such as:

• Maintaining full-time enrollment.
• Avoiding unauthorized employment.

Even minor infractions, such as a DUI arrest, can lead to visa revocation and deportation.

Why Was Mahmoud Khalil Arrested?

The US Department of Homeland Security detained Khalil under Trump-era executive orders aimed at combating antisemitism. Former President Donald Trump had argued that protesters supporting Hamas, which the US designates as a terrorist organization, forfeit their right to remain in the country.

Khalil and other leaders of Columbia University Apartheid Divest have denied allegations of antisemitism, stating their movement is anti-war and includes Jewish students and organizations.

What Did ICE Say?

According to Associated Press reports, Khalil’s lawyer, Amy Greer, stated that Immigration and Customs Enforcement (ICE) agents initially claimed he was being deported due to a State Department order revoking his student visa. When informed that Khalil was a green card holder, ICE agents reportedly said they would revoke his permanent resident status instead.

What’s Next?

US Secretary of State Marco Rubio confirmed that the administration will be “revoking the visas and/or green cards of Hamas supporters in America so they can be deported.”

The case has sparked debate over the extent of legal protections for immigrants, particularly green card holders and students involved in political activism.