Green Cards Face Potential Revocation Under Immigration Law Following DC Shooting
WASHINGTON – Following a National Guard shooting in Washington D.C. involving an Afghan national seeking asylum, scrutiny is intensifying around the grounds for green card revocation and the vetting processes for immigrants, especially those who arrived during the chaotic withdrawal from Afghanistan. Federal law outlines multiple reasons a green card can be withdrawn, and current and former administrations are signaling potential enforcement of these provisions.
Immigration and Nationality Act (INA) section 240 outlines grounds for rescission of lawful permanent residence, including criminal convictions, fraud in obtaining a green card, and security risks. The INA also stipulates that foreign nationals who were never qualified for full citizenship are ineligible for lawful permanent residence.
The Biden management could investigate whether any Afghan refugees admitted with limited documentation possess disqualifying histories and enforce the relevant INA subsection, according to the report. Additionally, 8 USC Sec 1182(a) 5(d) states that any alien arriving as a “stowaway” is excludable – a definition potentially open to legal interpretation.
This comes as the administration conducts an audit of current green-card holders. Federal law requires immigration officers to specify the legal basis for any green card withdrawal or rescission.
Former President Trump referenced the INA, stating that the president has the authority to suspend the entry of aliens if their presence is deemed detrimental to the interests of the United states.
USCIS Director Ur Mendoza J. Edlow told CBS News that the agency has “halted all asylum decisions until we can ensure that every alien is vetted and screened to the maximum degree possible,” emphasizing that ”the safety of the American people always comes first.”
Fox News digital reached out to the White house, Department of Justice, Department of Homeland Security, and USCIS for comment and clarification on the grounds for green card withdrawal.
