Green cards could be revoked at any time under newly proposed rule
You Might Also Like:
US Visa Bulletin for June 2025: No major relief for Indian green card aspirants
You Might Also Like:
Trump administration warns Green Card holders: Law violations could lead to revocation
The US Justice Department told the Third Circuit Court of Appeals this week that Attorney General Pam Bondi has the authority to reconsider and potentially revoke the lawful permanent residency of green card holders at any time. The case, if decided in favour of the government, could allow green cards to be withdrawn years or even decades after being issued, according to a report by Newsweek.The remarks came during a court hearing involving Mohammad Qatanani, a Palestinian-born imam living in New Jersey since 1996. He has led one of the state's largest mosques and has been seeking permanent residency for over 20 years. Federal officials denied his application in 2006, citing a 1993 detention in Israel and alleged links to Hamas. Qatanani denies the allegations, stating he was detained and mistreated.Immigration judges ruled twice in Qatanani's favour, most recently in 2020. However, the Board of Immigration Appeals later reversed the decision and revoked his green card. Qatanani appealed the revocation.During the hearing, Justice Department attorney Lindsay Murphy argued that the immigration judge's ruling had not been finalized due to missing procedural steps, such as visa number assignment and biometric updates. As per the Newsweek report, she said, 'The regulation doesn't impose any time limit, so yes,' when asked if green card status could be challenged even after 10 or 20 years. 'But that certification requirement comes also with the requirement that there be exceptional circumstances.' Judge Arianna Freeman questioned this broad interpretation, asking, 'Do you mean even 10, 20 years later?'(Join our ETNRI WhatsApp channel for all the latest updates)Legal experts have raised concerns about the implications. Amelia Wilson, Assistant Professor at Elisabeth Haub School of Law at Pace University, told Newsweek, 'The law contained within the Immigration and Nationality Act is clear. The Department of Homeland Security cannot unilaterally revoke a permanent resident's status.' She added that revocation requires a formal process, including a Notice of Intent to Rescind and a hearing. 'It is the government that bears the burden of proving by clear, unequivocal, and convincing evidence,' Wilson said.Bradford Bernstein, managing partner at Spar Bernstein, said, 'The government is arguing that it can revoke a green card years or even decades after it was granted, based solely on a claim that an immigration judge did not complete all the administrative steps.' He warned, 'Accepting this argument would severely undermine the due process rights of permanent residents.'Wilson added, 'The Justice Department's position before the Third Circuit is yet another attempt to terrorize immigrant communities. The Trump administration is telling noncitizens that they are never safe from sudden detention and deportation.'If the court rules in favour of the government, the decision would apply within the Third Circuit's jurisdiction—Pennsylvania, New Jersey, and Delaware. However, it could set a precedent and, if upheld by the Supreme Court, impact immigration enforcement nationwide.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
19 minutes ago
- Indian Express
Textile industry seeks short term cash flow support to ease US tariff pain
The labour intensive-textile industry has asked the government for immediate cash support and moratorium on repayment of loans to endure the shock of steep 50 per cent US tariffs that could lead to job losses in industry. The industry during a key meeting at the Ministry of Textiles on Tuesday also sought a fast-tracking of free trade agreement (FTA) negotiations with the EU that could act as a cushion for losses in the US market. 'The industry is seeking support from the government to at least absorb 20-25 per cent tariffs hit from the US so that they can retain the market share as US buyers have stopped placing fresh orders and are asking the Indian exporters to absorb the tariffs,' a source told The Indian Express The apparel manufacturers have asked for faster implementation of the UK deal and fast tracking of EU trade deal that could ease the pain of US tariffs in the medium term, the source said. 'The manufacturers have pitched for re-introduction of Interest Equalization scheme and a focused textile market scheme,' the person quoted above said. The meeting, chaired by Union Textiles Minister Giriraj Singh, was called to discuss the challenges being faced by exporters in their order flows, especially amid the widening tariff differentials with other competing Asian countries after the recent imposition of secondary tariffs by the US on India. The Ministry of Textiles said in a statement that it has announced the constitution of four committees, comprising industry representatives, to submit time-bound recommendations on fiscal and ease-of-doing-business measures, structural reforms in the textile value chain, enhancing cost competitiveness and innovation, and achieving a target of $100 billion in exports by 2030. With the US being India's largest export market for the labour-intensive textile and apparel industry, textile exporters are under stress after the hike in import tariff to 25 per cent from August 7 by the Trump administration, which is set to rise further to 50 per cent on August 27. Textile and apparel exporters have been asking for support from the government as their orders have been hit with buyers either asking them to share the tariff hike burden or pausing the orders till further clarity emerges about the trade deal negotiations between India and the US. One of the major concerns raised by textile and apparel exporters in their representations to the government has been about a disruption in their cash flow with a reduction in orders by buyers from the US, officials said. 'Exporters are asking for sops. They are asking for soft loans or interest subvention schemes or focused market schemes. Their concern is that they should get cash in hand,' an official told The Indian Express. Exporters are hoping that the tariff hike is temporary and they are able to retain the orders as buyers are already shifting to other countries with lower tariffs such as Vietnam and Bangladesh, with India's 25 per cent reciprocal tariff exceeding those applicable to other competing Asian countries, except China. If the higher levies continue, there's also a worry in policy circles that the distress in the textiles and apparels sector could result in job losses. The government is engaging continuously with exporters to understand the evolving situation. 'Exporters have been communicating their issues. The government is taking their feedback and will provide the necessary support to them,' another official said. The Ministry of Finance has estimated that more than half of the country's merchandise exports to the US will be subject to the higher reciprocal tariff. The US is a key market for Indian Ready-Made Garments (RMG) exports; its share in India's total garment exports in 2024 stood at 33 per cent, as per the Apparel Export Promotion Council (AEPC). Home textiles and carpets are also significant export-oriented sectors, with exports accounting for 70-75 per cent and 65-70 per cent of total sales, respectively, for these sectors. Of this, the US accounts for 60 per cent of exports for home textiles and 50 per cent of exports for carpets. US President Donald Trump had announced a 25 per cent tariff on Indian goods in a post on social media platform Truth Social on July 30, with an additional but unspecified 'penalty' for importing energy and defence items from Russia. On August 6, the penalty was clarified to be an additional 25 per cent tariff that will be effective from August 27.
NDTV
19 minutes ago
- NDTV
They Lack 'Expertise' In Handling India: Expert On US' Op Sindoor Response
The way the US treated India at the end of Operation Sindoor shows a lack of expertise on their part in terms of understanding how to act towards India, Max Abrahms, an international security professor and author on terrorist dynamics said. In an interview with ANI, Abrahms said that India does not feel respected by the US in its treatment, "Pakistan became very vocally supportive of the US role and recommended a Nobel Prize for Trump, whereas India really chipped at the level of US involvement and especially Trump claiming so much credit for the course of the short war." He explained how even though India is the largest democracy in the world, with the largest population and will soon be the third largest economy, the Trump administration does not regard India as a "fully independent country on the world stage". He also said that because of how the US is treating India, it seems like it does not fully appreciate its contributions. "I cannot really say with any level of confidence exactly what the Trump administration's role was", Abrahms said regarding Trump's claim of being involved in stopping the conflict between the two South-Asian nations. He stated that India-US relations are dependent on the US-Russia meeting, as Russian oil is the major bone of contention between US and India, adding, "We need to be a little bit patient in terms of the meetings between Trump and Putin". Highlighting how important it is for the US to mend its relations in the Indo-Pacific in order to control China, he said, "But you know the China threat isn't going away and the United States, especially under this administration, sees China as a threat that needs to be contained. And that is going to require the US to mend relations with allies in the Indo-Pacific region", adding that this aspect makes him "optimistic" about moving forward. He pointed out that the US cannot become isolated or have asymmetrical trade relations with other countries as we live in a globalised world. He said, "If something's bad for the Indian economy, it's also not good for the US economy" and noted that it is in the US interest for the Indian economy to grow. Warning about how "dangerous" Trump's 'America First' policy is, he said, "That's a dangerous path to go down. It can have not just a negative effect on the financial system, but also in terms of military ties."
NDTV
19 minutes ago
- NDTV
White House Reviews Smithsonian Museums for 'Divisive Narratives'
The Smithsonian Institution said Wednesday that it was reviewing a White House letter announcing a probe of content at several museums for "divisive or partisan narratives." The review is the latest pressure campaign by President Donald Trump's administration as part of his war on "woke" racial and gender viewpoints, and follows similar moves to assert unprecedented control over American cultural institutions since his second term began in January. An independent organisation which receives public funding, the Smithsonian is one of America's most hallowed institutions, with its vast network of museums boasting tens of millions of artefacts for public display. A letter to the institution's secretary, Lonnie Bunch, published on the White House website on Tuesday, said the administration would carry out a "comprehensive internal review of selected Smithsonian museums and exhibitions." "This initiative aims to ensure alignment with the President's directive to celebrate American exceptionalism, remove divisive or partisan narratives, and restore confidence in our shared cultural institutions," said the letter, signed by three senior White House officials. It will target eight major museums, including the National Museum of American History, the National Museum of African American History and Culture, and the National Museum of the American Indian, the letter said. The review follows an executive order from Trump in March on "Restoring Truth and Sanity to American History," and aims to assess "tone, historical framing, and alignment with American ideals" across museum content ahead of the 250th anniversary of the nation's founding next year. Last month, the removal by the American History Museum of a sign referring to Trump's two impeachments sparked controversy and worries over White House intervention, before an exhibit update restored mention of the proceedings. The Smithsonian denied any involvement of the Trump administration in the exhibit changes. In its letter, the White House officials thanked Smithsonian chief Bunch for a recent "brief tour" of several museums. The Smithsonian's independent status means the Trump administration does not directly oversee its functions, though the White House could seek to pressure the organisation through threats to its funding. The White House letter "requests" that the museums submit extensive documentation -- including exhibition plans, wall text, educational materials, grant information and internal guidelines -- within 30 days. According to the White House's timeline, within 120 days, the museums "should begin implementing content corrections where necessary, replacing divisive or ideologically driven language with unifying, historically accurate, and constructive descriptions." The Smithsonian said in a statement to AFP on Wednesday that its "work is grounded in a deep commitment to scholarly excellence, rigorous research and the accurate, factual presentation of history." "We are reviewing the letter with this commitment in mind... and will continue to collaborate constructively with the White House, Congress and our governing Board of Regents," it said.
