Immigration officials detained a green card holder of more than 30 years, who has been legally living as a US resident since 1992, last month. Erlin Richards, the man in question, has been in custody since March 9 after his international travel return, according to his lawyer, Michael Z Goldman.
In addition to Newsweek reporting his detention, the New York Times detailed that Richards is a 44-year-old green card holder who was ran into trouble with officials at John F Kennedy International Airport in New York in March. The lawful US resident born in Saint Vincent has three US-born children. Erlin Richards’ detention makes headlines amid the escalating immigration crackdown in the country by the Trump administration. He is being held in New Jersey’s Elizabeth Detention Centre.
Upon his re-election, President Donald Trump promised to facilitate mass deportations. With thousands of people already deported, countless international students are also facing fears of being detained while their visas, in most cases, are quietly being revoked. Although the Republican president’s initial threat sounded an alarm for illegal immigrants, green card holders who have earned their permanent residency status and other visa holders have recently also faced intensified scrutiny despite their valid visa and documentation.
Can green card holders be deported?
Akin to Richards being detained at New York City’s JFK Airport, the US Customs and Border Protection (CBP) unexpectedly declared over 320 people inadmissible to the US airport in February and March. With cases like that of Palestinian activist Mahmoud Khalil, a permanent resident resisting deportation, on the rise, attorney previously told Newsweek that a significant faction of immigrants in the US were anxious that their legal status could be revoked.
According to the United States Citizenship and Immigration Service (USCIS), a green card holder has the right to live permanently in the US as long as they haven’t committed any action that “would make you removable under immigration law.” Therefore, breaking laws and not filing taxes are major red flags. As for whether visa and green card holders can be deported, if either is discovered to be violating immigration rules or US law, they can face removal from the country/
US State Secretary Marco Rubio previously said, “Coming to the United States on a visa is a privilege, not a right. The Trump administration is determined to deny or revoke your visa if you’re here to support terrorists.” Khalil, like many other students supporting the pro-Palestinian cause, has been accused of “advocating for violence and terrorism” in last year’s campus protests.
Stephen Yale-Loehr, a retired immigration professor at Cornell University, also told the US outlet that criminal convictions, prostitution and domestic violence make for a few of the “many grounds of deportability.” He added, “One of the more obscure grounds that has existed for many years allows the secretary of State to put someone into deportation proceedings if the Secretary determines that that person’s presence has serious adverse foreign policy consequences.”
Why was the green card holder detained on returning to the US?
With travel anxiety at an all-time high in light of the current situation, Richards was detained last month due to a previous conviction. In 2006, he was convicted for marijuana possession in Texas, where marijuana’s recreational use is illegal.
His lawyer said that while at the time he only paid a fine for his conviction and did not serve any time in jail, he could now be deported for the years-old conviction.
Francis J Russo, director of CBP’s New York Field Operations said in a press release, “CBP stands steadfast and determined to prevent those who are willfully attempting to evade our existing immigration laws from entering at our ports. Our employees are dedicated to CBP’s mission of keeping those who would wish to harm us or break our laws, out of the United States.”
CBP also foregrounded that while many may be refused entry into the US, “JFK remains the gateway to the world” and will continue welcoming “legitimate travellers” to the US.
The currently detained green card holder’s next court hearing will also be his final one. It is scheduled for May 16.