The US Justice Department has reportedly recently told the Third Circuit Court of Appeals that US Attorney General Pam Bondi is authorised to reconsider and even revoke green card holders’ lawful permanent residency at any time. In case the court backs the Trump administration’s position, the decision could allow the government to revoke a green card several years after it was issued, Newsweek noted. According to some critics, this could end up eroding due process.
After taking office, Donald Trump vowed to deport migrants without legal status, majorly targeting those with criminal records. However, according to Newsweek, reports showed that people with valid documentation and no serious criminal history have also been detained.
During a Third Circuit hearing recently, the Justice Department claimed that Bondi has the right to revisit and potentially revoke green card holders’ residency status at any time. This step could impact millions of permanent residents in the US.
The Mohammad Qatanani case
The Justice Department’s argument comes amid the case of Mohammad Qatanani, a Palestinian-born imam. Qatanani, who has lived in New Jersey since 1996, reportedly led one of the state’s largest mosques. For two decades, he has been trying to seek permanent residency, but his 1999 application was denied in 2006. Federal officials went on to cite a 1993 Israeli detention and an alleged connection to Hamas. However, Qatanani denied the allegations, and he was simply detained and mistreated.
Immigration judges ruled in Qatanani’s favour twice. However, the Board of Immigration Appeals intervened and revoked his green card. He subsequently appealed the decision.
Justice Department attorney Lindsay Murphy claimed that whether or not the immigration judge’s ruling in favour of Qatanani was finalised, the Board of Immigration Appeals was authorised to reopen the case at any time. Judge Arianna Freeman, a Biden appointee, expressed scepticism during the hearing, saying, “Do you mean even 10, 20 years later?”
“The regulation doesn’t impose any time limit, so yes,” Murphy added. “But that certification requirement comes also with the requirement that there be exceptional circumstances.”
“The law contained within the Immigration and Nationality Act is clear. The Department of Homeland Security cannot unilaterally “revoke” a permanent resident’s status,” Amelia Wilson, Assistant Professor of Elisabeth Haub School of Law at Pace University, told Newsweek.
The agency has to follow a formal process, including issuing a “Notice of Intent to Rescind” and providing the person the right to a hearing before an immigration judge. “During these proceedings, it is the government that bears the burden of proving by clear, unequivocal, and convincing evidence that the permanent resident should have their status taken away. At that point, it is the immigration judge—and only the immigration judge—who can effectively strip an individual of their green card,” Wilson said.
“The Trump administration’s proposal in front of the Third Circuit Court of Appeals is not a new legislative measure but a reinterpretation of existing green card law, one that has the potential to fundamentally alter the legal rights of lawful permanent residents,” said Bradford Bernstein, managing partner at Spar Bernstein.
