Can Green Card Holders Be Deported? US Immigration Laws Explained

A New Hampshire resident, Fabian Schmidt, was detained by U.S. Immigration and Customs Enforcement (ICE) upon his return from Luxembourg, despite holding a valid green card. Schmidt faced severe treatment at Logan Airport, including hours of interrogation, sleep deprivation, and being denied access to his medication. The ordeal took a toll on his health, causing him to collapse and require hospitalization before being transferred to the Wyatt detention facility.

Schmidt’s family remains uncertain why his green card was flagged, but they suspect a dismissed marijuana charge and a missed court hearing may have contributed to his detention. With legal assistance and support from the German consulate, his family is fighting for his release on bail.

Can a Green Card Holder Be Deported?

This case raises concerns about the security of permanent residency in the U.S. for green card holders. Although a green card grants foreign nationals the right to live and work in the U.S. indefinitely, it does not guarantee absolute protection from deportation. Certain actions, including criminal offenses or failure to meet residency requirements, can result in removal proceedings.

Many Telugu immigrants have also faced green card revocations, particularly due to not fulfilling the required stay period in the U.S. Immigration law dictates that only an immigration judge can officially revoke a green card, and individuals have the right to present their case in court. However, the government can initiate removal proceedings even without a criminal conviction in certain cases.

Stricter Immigration Policies Under Scrutiny

Immigration experts warn that the current administration is increasing scrutiny on legal immigrants, targeting those with past infractions. Even minor offenses, such as marijuana possession, can make a green card holder deportable—except in cases where the amount is 30 grams or less for personal use.

It is crucial to understand that green card holders are still considered foreign nationals. They hold passports from their home countries and are granted conditional permission to reside in the U.S. However, many green card holders mistakenly believe their status is equivalent to citizenship. In reality, permanent residency can be revoked under specific circumstances. Only by obtaining U.S. citizenship through naturalization does an individual secure the right to live in the country without fear of deportation.

Addressing Immigration Fraud

While legal immigrants face increased scrutiny, there is also concern about the presence of fraudulent green card holders in the U.S. Stricter verification measures could help identify and remove those abusing the system. Some have even suggested implementing a whistleblower reward program to uncover fraudulent green card holders, which could have significant implications for national security and immigration enforcement.

The case of Fabian Schmidt highlights the risks that even lawful residents face under the current immigration climate. As policies continue to evolve, green card holders must remain informed of their rights and responsibilities to safeguard their residency status.