Green Card holders, particularly elderly individual are facing intense scrutiny at US airports. Reports indicate that US Customs and Border Protection (CBP) officers have been pressuring them to sign Form I-407 to ‘voluntarily’ surrender their permanent residency. Those who have tried to push back have been met with threats of ‘detention’ or ‘removal’ by the CBP officers.
The crackdown follows a series of immigration-related executive orders announced by US President Donald Trump after his return to the White House. US Vice-President JD Vance, whose wife is an Indian-American, has also said that holding a Green Card does not grant an indefinite right to remain in the country.
A green card holder does not have an indefinite right to be in the United States of America,” Vance told Fox News.
A Green Card, officially known as a Permanent Resident Card, allows an individual to live and work permanently in the United States.
‘Voluntarily’ surrender Green
CBP has targeted elderly green card holders, particularly grandparents who happen to have spent a bit longer outside the US, and pressured them to sign Form I-407 to ‘voluntarily’ surrender their lawful permanent resident status (green card).
When returning residents have tried to push back, they have been met with threats of detention or ‘removal’ by the CBP officers who have been emboldened by Trump to see themselves as judge, jury, and executioner.
Do not surrender the Green Card
Understand that the Green Card cannot be revoked unless the holder ‘voluntarily’ surrenders it. Donot to sign Form I-407 under pressure.
If a Green Card holder has spent more than 365 days out of the US are deemed to have ‘abandoned’ their residence. Even if this is the allegation, the green card holder has the right to challenge this in court but they lose this right if they ‘voluntarily’ surrender at the airport!”
Crackdown on any immigrant spending months abroad
All green card holders are advised to refuse to sign the form at American airports. Only an immigration judge has the authority to revoke a Green Card,those who spend months abroad can produce documents such as ownership of property, tax returns, and employment to maintain that they have not abandoned living in the country.
Lawful permanent residents who are outside the US for more than a year (without a re-entry permit) are getting a notice to appear in removal proceedings.
Under the Immigration and Nationality Act (INA), Green Card holders living abroad for more than 180 days are considered to be seeking ‘re-admission’ and could face inadmissibility upon their return to the US. While the risk of abandonment typically applies to those staying outside the country for over a year, even shorter winter stays are now being closely scrutinised.
This, however, is not the first time that people have been forced to give up their permanent residency. During the previous Trump administration, officials went as far as distributing Form I-407 on planes, pressuring travellers to relinquish their Green Cards mid-flight.
During the previous Trump administration, there were sky marshals who were passing forms out on planes asking people to surrender their green cards and people were calling and texting their lawyers from the planes asking what to do.
No one needs to surrender their cards. But if they don’t comply with the immigration officer, they must be prepared to sit for a while in secondary inspection. It is possible a CBP officer could even detain a person overnight. But a person is entitled to a hearing in front of a judge and most judges are not going to be happy about these cases going in front of them so CBP will probably not go forward if a person is adamant about not surrendering.
`
