US green card holders, student visa holders can be deported: When and why

Can a green card holder be deported from the United States? The recent arrest of Mahmoud Khalil, a Palestinian activist involved in organising campus protests over the Israel-Hamas conflict at Columbia University in New York City, has raised questions about the protections foreign students and green card holders have against deportation from the US.

 

A green card holder has lawful permanent resident status, allowing them 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 offences

< 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

 

They are also subject to specific responsibilities:

 

< Obey all US and local laws

< File income tax returns and report income to the Internal Revenue Service and state tax authorities

< Support the democratic form of government (without voting in elections)

< Register with the Selective Service if they are male and between 18 and 25 years old

 

Can green card holders be deported?

 

Yes, they can.

 

“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 cancelling a green card. Green cards are typically revoked for serious crimes or other obvious violations,” Russell A Stamets, partner at Circle of Counsels told Business Standard.

 

“While they have strong legal protections, such as the right to a hearing before an immigration judge and the ability to appeal deportation orders, they can still be removed for reasons like aggravated felonies, fraud, national security threats, or abandoning their residency by staying outside the US for too long,” Aurelia Menezes, partner at King Stubb & Kasiva, Advocates and Attorneys, explained to Business Standard.

 

“However, they may seek relief through waivers, cancellation of removal, or other legal defences, especially if they have strong family ties or have lived in the US for an extended period,” she added.

 

“The Trump administration has stated it is cancelling green cards in certain circumstances, arresting green card holders for constitutionally lawful activities, and deporting them. This represents a dramatic change in American policy,” Stamets said.

 

What about students?

 

Student visa holders (F-1, M-1, J-1) face stricter rules.

 

“In contrast, student visa holders have fewer protections and can be deported for violating visa conditions, overstaying, or committing crimes. Unlike green card holders, they must strictly comply with visa requirements, such as maintaining full-time enrolment and avoiding unauthorised work. They have limited legal remedies, though some may qualify for asylum or appeals in certain cases. Since their status is temporary, even minor violations can lead to visa revocation and removal from the US,” Menezes explained.

 

 If someone is in the country on a student visa, the State Department does have authority to revoke it if the person violates certain conditions. For example, said Florida immigration attorney John Gihon in a statement, it's quite common for the US State Department to cancel visas of foreign students who get arrested for drunk driving.

 

Indians in the US who are on a student visa or are of Indian origin with green cards must take note to avoid getting into any legal trouble with the US government. Notably, as of the 2023–2024 academic year, there were approximately 337,630 Indian students enrolled in US educational institutions. Data from 2019 indicates that Indian immigrants in the US numbered around 2.7 million, accounting for 6% of the total foreign-born population. This figure includes naturalised citizens, lawful permanent residents (green card holders), and individuals on various temporary visas. However, specific statistics detailing the exact number of Indian green card holders are not readily available.

 

Why was Khalil taken into custody?

 

The US Department of Homeland Security said Khalil was detained under Trump-era executive orders prohibiting antisemitism. Trump argued that protesters who support Hamas, which controls Gaza and is designated as a terrorist organisation by the US, forfeit their right to remain in the country.

 

Khalil and other student leaders of Columbia University Apartheid Divest have rejected claims of antisemitism, saying their movement is anti-war and includes Jewish students and organisations.

 

What did ICE say?

 

One of the key questions in Khalil’s case is what Immigration and Customs Enforcement (ICE) agents told his lawyer at the time of his arrest.

 

According to the Associated Press, his lawyer, Amy Greer, said ICE agents initially claimed to be acting on a State Department order to revoke his student visa. When she informed them that Khalil was a permanent resident with a green card, they said they would revoke that status instead.

 

What next?

 

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