Green card doesn't guarantee permanent US stay, we Americans decide: Vance

A green card does not give immigrants an indefinite right to be in the United States, Vice President JD Vance said Thursday, triggering a fresh debate on the validity of the coveted cards.

Green cards, officially known as Permanent Resident Cards, grant foreign nationals the right to live and work in the United States. However, despite the name, "permanent residency" is not an absolute guarantee of an indefinite stay.

"A green card holder doesn't have an indefinite right to be in the United States," Vance said. “This is not fundamentally about free speech, and to me, yes, it’s about national security, but it’s also more importantly about who do we as an American public decide gets to join our national community,” Vance said in an interview with “The Ingraham Angle” host Laura Ingraham on Fox News.

“And if the secretary of state and the president decide this person shouldn’t be in America, and they have no legal right to stay here, it’s as simple as that," he added.

Arrest of Columbia student prompts debate

Vance made the remarks in response to the arrest of Columbia University graduate student Mahmoud Khalil, a green card holder, who was detained on Saturday for his role in protests against the Israel-Hamas war at Columbia University last spring.

Khalil’s green card had been revoked by the Trump administration, his lawyer said, but New York federal Judge Jesse Furman blocked any immediate effort to deport him until a hearing takes place.

US law allows for the revocation of a green card under certain circumstances, including criminal activity, prolonged absence from the country, or failure to comply with immigration regulations.

“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 revoked for serious crimes or other obvious violations,” said Russell A Stamets, partner at Circle of Counsels.

“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,” said Aurelia Menezes, partner at King Stubb & Kasiva, Advocates and Attorneys.

“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.

Revocation for lawful activities raises concerns

“Arresting green card holders for constitutionally lawful activities, and deporting them represents a dramatic change in American policy,” Stamets said.

According to the Associated Press, Khalil’s lawyer, Amy Greer, said ICE agents initially claimed they were 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.

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.