The U.S. government is not consistently enforcing existing immigration laws concerning green card holders, international students, and H-1B visa holders, according to multiple immigration attorneys.
The Trump administration, prioritizing immigration as a key issue, has intensified border security measures, aiming to curb illegal migration. While Trump’s focus has largely been on preventing undocumented immigrants with criminal backgrounds from entering the U.S., recent incidents suggest a stricter approach toward lawful immigrants, including green card holders.
Some lawful permanent residents (LPRs) returning from abroad have faced increased scrutiny at entry points, with reports of individuals being detained or questioned more aggressively.
Immigration authorities typically review green cards if the holder has been outside the U.S. for over a year, and attorneys warn against voluntarily relinquishing them under pressure.
Assistant Secretary Tricia McLaughlin of the Department of Homeland Security defended the administration’s actions, stating that enforcing immigration laws is necessary and those who violate them will be processed accordingly.
One case drawing national attention involves Fabian Schmidt, a longtime green card holder allegedly subjected to harsh treatment by customs officials at Logan Airport. Officials deny any wrongdoing, stating Schmidt’s case involved drug-related charges. Immigration attorney Kripa Upadhyay argues that LPRs are being denied due process, with some being coerced into giving up their status instead of facing a judge.
Green card holders absent from the U.S. for over 180 consecutive days are considered to be reapplying for admission, allowing border officers to question their ties to the country. Upadhyay criticized the practice of detaining individuals for extended periods and pressuring them to renounce their status. New York-based attorney Naresh Gehi similarly accused the administration of disregarding due process by failing to issue formal notices to appear before a judge, instead handling removals unilaterally.
While CBP maintains the legal authority to determine admissibility, attorney Rosanna Berardi noted that scrutiny at U.S. entry points has intensified. She pointed to a case involving a Brown University professor denied entry after border officials found funeral photos of a Hezbollah leader on her phone. CBP justified the decision, stating that foreign nationals promoting extremist ideologies or possessing terrorist propaganda are inadmissible.
Another high-profile case involves ICE detaining Columbia University student Mahmoud Khalil, a green card holder who participated in pro-Palestinian protests amid the Israel-Gaza war.
Immigration lawyers warn that these cases indicate a broader shift in how lawful immigrants are being treated under the administration’s heightened enforcement policies.
