In a major new step, US immigration authorities have started to act controversially against green card holders and visa holders. Unsurprisingly, these actions have raised alarms about violations of due process and abstention. photo via Columbia University On March 8, immigration authorities arrested Mahmoud Khalil, a Columbia University PhD student and permanent resident. He continues to languish in an ICE detention center in Louisiana. Badar Khan Suri, a Pakistani academic at Georgetown University on a student visa, is currently experiencing these same challenges. So, too, is Rasha Alawieh, a kidney transplant specialist trained at Brown University on a work visa. While Alawieh was turned away at a US airport, Suri was subsequently arrested on US soil. These three recent cases highlight the intricacies and ambiguities of US immigration policy during the current administration, illustrating the vagaries that remain.
Customs officials possess the authority to deny entry to visa holders at US borders or airports without substantial evidence, a power that has been exercised in recent incidents. Notably, a French scientist was denied entry into the US due to messages on his phone expressing personal opinions on the Trump administration’s science policies. Philippe Baptiste, France’s minister for higher education and research, confirmed the incident in The New York Times. The legal landscape is a patchwork of conflicting interpretations. It calls into question why the Trump administration adhered to or deviated from clearly defined legal procedures for deporting legal permanent residents and valid visa holders.
The Impact of Immigration Policies on Individuals
The stories of Khalil, Suri, and Alawieh are evidence that enforcing US immigration policy is a gamble. Khalil’s detention in Louisiana highlights the precariousness of green card holders, who while indeed legally permanent residents, are still vulnerable to deportation. Under US immigration law, people who are currently inside the United States are granted protection of the US Constitution. Visa holders are not guaranteed entry at airports or borders as they can be refused entry since having a visa does not entitle someone entry.
“Even if the law protects someone from deportation, there is no guarantee today that ICE will abide by the law,” stated Rebecca Sharpless, University of Miami’s immigration clinic director.
The recent denial of entry to Alawieh at a U.S. airport highlights the tremendous discretionary power customs officials have over individuals holding a valid visa. In the same vein, Suri’s detention is indicative of how dangerous the environment is for those on student visas.
Legal Interpretations and Challenges
Furthermore, immigration law experts are split on whether the Trump administration has played fast and loose with legal norms in its deportation raids. Critics claim that what has happened during this administration ignores the usual rules and processes.
“The Trump administration has jettisoned typical guidelines and procedures and is looking for arcane passages of immigration law to ensure that it can remove anyone it desires, ideally with limited or no due process,” remarked Matthew Boaz, a University of Kentucky immigration law professor.
Even taking all of these concerns into account, there is still a clear legal structure surrounding the valid grounds for refusal of admission to the US. David Leopold, an immigration lawyer and former president of the American Immigration Lawyers Association, emphasized:
“There’s only specific grounds by which somebody can be refused admission to the United States, and disagreeing with Trump, typically, isn’t one of them.”
Immigration authorities have taken deeply controversial measures, and many have been left wondering why. Are they creating new standards, or are these one-offs?
Broader Implications for Immigrants
The experiences of those detained or denied entry point to broader implications for immigrants in the US. Legal permanent residents and visa holders are both left in limbo under the current administration’s enforcement practices. Notices to appear are issued whenever the government decides that people are deportable, resulting in an atmosphere of fear.
“What’s different is the manner in which it’s being done,” observed Matthew Boaz.
Even though deportations have happened in abundance through previous presidents, Rebecca Sharpless pointed out that the degree of some of Trump’s deportation actions has been extreme. This sentiment encapsulates a more fundamental change in enforcement strategy that has chilled immigrant communities.
“People should make choices about things like travel with this reality in mind,” advised Rebecca Sharpless.
