The arrest of a Palestinian student, who reportedly helped organize campus protests against the Israel-Hamas war has sparked questions about whether foreign students and green card holders are protected against being deported from the US.
Mahmoud Khalil was arrested on Saturday by Immigration and Customs Enforcement (ICE) agents. Homeland Security officials and President Donald Trump have indicated that the arrest was directly tied to his role in the protests last spring at Columbia University in New York City. Khalil is being held at an immigration detention center in Jena, Louisiana, while he awaits immigration court proceedings.
President Donald Trump said US Immigration and Customs Enforcement arrested Khalil as part of his executive orders prohibiting antisemitism and alleged that Khalil sympathized with terrorism — without providing evidence, The Washington Post reported.
Also Read: Who is Mahmoud Khalil? Student Leader arrested by Trump administration
His arrest has raised concerns over the protection foreign students and green card holders have against deportation from the US and what might be next for Khalil.
Can someone with a green card be deported?
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.
Unlike those with a visa or temporary status, green-card holders may live and work permanently in the United States. Most people obtain green cards through being relatives of US citizens, others through work and some through a lottery. The United States issues about 1 million green cards a year, according to the Department of Homeland Security.
Lawful permanent residents can be subject to deportation proceedings if they are convicted of serious crimes, are found to have committed fraud in securing immigration benefits or have stayed abroad too long, among other reasons.
Also Read: Trump to revoke legal status for 240,000 Ukrainians as US steps up deportations
Annie Lai, a law professor at the University of California at Irvine, said the process of deporting a green-card holder typically involves an order from an immigration judge, according to The Washington Post.
“What can happen is a person can be charged as deportable. And then they would be able to have their case heard by an immigration judge,” she said, adding that the judge would then decide “if the person fell within a certain category of people who are considered deportable.”
That’s the most common way, Lai said, for somebody to lose their legal residency status. The person has the right to defend themselves in court and to appeal such decisions.
What are the students' rights?
Student visa holders (F-1, M-1, J-1) face stricter rules. They 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.
How is a green card different from citizenship?
A green-card holder has lawful permanent residency, one step below US citizenship.
After five years as permanent residents — three years if married to an American — people can apply to become U.S. citizens, according to U.S. Citizenship and Immigration Services.
Being a US citizen provides certain benefits that are not available to green-card holders. A citizen is eligible for a US passport and has the right to vote and to serve on a jury, US Citizenship and Immigration Services (USCIS) says.
Citizens have more options than legal residents to bring family members to the United States, and are eligible for more federal benefits and jobs, according to the agency.
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