GREEN CARD WARNING: Frum Longtime U.S. Residents Face Detention at Airports Despite Years of Living and Working in America
A growing concern among immigrant communities, including Orthodox Jewish families, involves lawful permanent residents who have lived in the United States for decades but face questioning, detention, or possible deportation when returning from trips abroad, Matzav.com has learned.
The issue is particularly troubling for green card holders who have built their entire lives in America, raising families, operating businesses, paying taxes, supporting charitable organizations, and participating in their local communities, only to discover that their immigration status does not provide the same protections as American citizenship.
Matzav.com has learned of instances of frum travelers being detained at airports despite possessing valid green cards. Immigration attorneys told Matzav.com that lawful permanent residents can face serious consequences when returning to the United States if certain legal issues arise.
A green card permits a foreign national to live and work permanently in the United States. However, it does not confer citizenship, and permanent resident status can be challenged or lost under circumstances established by federal immigration law.
For travelers who have spent most of their lives in America, that distinction can come as a shock.
The danger has become more pronounced amid stepped-up immigration enforcement and a recent Supreme Court ruling that expanded the government’s authority to scrutinize certain returning permanent residents.
In June, the Supreme Court ruled 6-3 in Blanche v. Lau that immigration officers do not need to establish by clear and convincing evidence, at the airport itself, that a returning green card holder committed a disqualifying offense before treating that individual as someone seeking admission to the country.
The ruling does not mean that every green card holder can be detained or deported at will. However, it has raised concerns among immigration attorneys that travelers with old criminal convictions, pending charges, or other immigration complications could face greater difficulties upon returning from overseas.
The case involved a Chinese national who had held a green card for nearly two decades. After facing federal charges involving counterfeit merchandise, he traveled abroad and encountered immigration problems when he returned to the United States.
The decision underscored a reality that many longtime residents may not fully appreciate: A person can have a home, family, business, and decades of history in America and still be subject to immigration laws that do not apply to U.S. citizens.
The issue is no longer merely theoretical.
An investigation published in September by the San Francisco Chronicle found that more than 400 international travelers had been held at American airports for longer than 72 hours since January, including 146 individuals with valid green cards.
At San Francisco International Airport alone, 25 people were held for more than three days through July, 19 of whom were green card holders. Eighteen of those 25 individuals were subsequently transferred to Immigration and Customs Enforcement detention facilities.
One case involved a 67-year-old lawful permanent resident who had lived legally in the United States for approximately 50 years. After returning from Mexico, he was detained by federal officers and held at the San Francisco airport for eight days before being transferred to an ICE detention center.
The man described sleeping upright in a chair under lights that remained on throughout the night, without a change of clothing. His attorneys eventually secured his release after several months in detention.
Other cases have involved green card holders who arrived in America as young children, grew up in the United States, and established families here, only to face detention after returning from international travel because of criminal matters dating back many years.
Immigration attorneys emphasize that even an old conviction, including one for which a person served no jail time, can sometimes create serious complications under federal immigration law.
A conviction that appeared to have been resolved decades earlier may still have immigration consequences. Certain offenses involving controlled substances, fraud, theft, or other categories specified in immigration law can affect a permanent resident’s ability to return to the country.
Even travelers who have previously passed through American airports without difficulty may encounter problems on a subsequent trip.
Another concern involves permanent residents who have spent extended periods outside the United States. Immigration authorities may question whether such individuals have abandoned their American residency, although an extended absence does not automatically terminate green card status.
For members of the frum community, these issues are especially relevant for families flying to Eretz Yisroel and elsewhere for Yom Tov, family simchos, weddings, and visits to relatives.
Someone who has lived in Lakewood, Boro Park, Monsey, or another American community for 30 or 40 years may naturally regard the United States as home. His children may have been born here, his grandchildren may be American citizens, and his entire livelihood may be based in this country.
But if he never completed the naturalization process, he remains a lawful permanent resident rather than a citizen.
Paying taxes, owning a home, volunteering at a local food bank, contributing to communal institutions, and maintaining an otherwise exemplary record do not automatically provide the legal protections associated with citizenship.
Even participation in civic activities does not change immigration status. In fact, ordinary jury service is generally restricted to U.S. citizens, and a green card holder who mistakenly claims citizenship in connection with jury service or another official process could create additional immigration complications.
Immigration attorneys are therefore urging green card holders to review their circumstances carefully before traveling abroad, particularly if they have ever been arrested, charged with an offense, convicted of a crime, or spent substantial time outside the country.
They also caution permanent residents against signing documents surrendering their immigration status without first obtaining legal advice.
One particularly important document is Form I-407, which is used to voluntarily abandon lawful permanent resident status. A traveler presented with that form should understand that signing it can have serious consequences.
The American Immigration Lawyers Association advises permanent residents facing questions about their status to request legal assistance and avoid voluntarily relinquishing their green cards without understanding their rights.
Importantly, immigration officers cannot simply erase a person’s lawful permanent resident status because they question that person’s eligibility. The law provides procedures for contesting removal and abandonment allegations, although the availability and scope of those protections depend on the circumstances.
Attorneys also stress that detention is not the same as deportation. A person taken into immigration custody may still have substantial legal defenses and opportunities to challenge the government’s allegations.
For permanent residents who are eligible to become American citizens, the developments have renewed attention to the naturalization process.
In most cases, lawful permanent residents may apply for citizenship after five years, provided they meet the applicable requirements. Certain spouses of American citizens may qualify after three years.
Naturalization requires an application, background review, and satisfaction of other legal conditions, including residency and eligibility requirements. Individuals with complicated immigration or criminal histories should obtain qualified legal guidance before applying.
The broader warning is that possession of a green card, even one held for decades, should not be confused with citizenship.
For families whose lives are deeply rooted in America, the possibility that an ordinary overseas trip could end with a loved one in immigration detention is a concern that deserves serious attention.
{Matzav.com}
