Secretary of State Marco Rubio has said that the government will deport lawful permanent residents who support Hamas and came to the U.S. as students with an intent “to rile up all kinds of anti-Jewish student, antisemitic activities,” referencing the Palestinian rights protests at universities in 2024.
“And if you end up having a green card – not citizenship, but a green card – as a result of that visa while you’re here and those activities, we’re going to kick you out. It’s as simple as that. This is not about free speech. This is about people that don’t have a right to be in the United States to begin with,” Rubio said on March 12, 2025.
That policy has now ensnared Mahmoud Khalil, a recent graduate of Columbia University and a leader in the Palestinian rights protest movement at the school. Khalil, a Palestinian who was born in Syria, faces deportation after he was arrested on March 8, 2025, in New York City. The Department of Homeland Security said that the secretary of state had determined Khalil’s presence or activities in the country posed “serious adverse foreign policy consequences for the United States.”
Khalil entered the U.S. on a student visa in 2022. In 2024, he received a green card and became a lawful permanent resident – meaning he has the legal right to work and stay in the U.S. There are an estimated 12.8 million lawful permanent residents in the country.
Khalil’s lawyers say that his arrest and pending deportation are unconstitutional.
In many respects, the rights of lawful permanent residents and citizens are similar. Yet citizens and lawful permanent residents do not enjoy equal status under the law.
The Supreme Court and other courts recognize that lawful permanent residents have First Amendment rights to free speech.
Yet the Supreme Court upheld deporting lawful permanent residents in the 1950s based on their political activity, in particular membership in the Communist Party.
So, while lawful permanent residents may not be criminally prosecuted for their political speech or activity, what they say or write may well affect their ability to remain in the U.S., if the government determines that they are a security risk.
I’m a scholar of immigration law. Here are three major differences between the rights of citizens and lawful permanent residents.
Lawful permanent residents are people born in other countries who can legally work and live in the U.S. for as long as they like. They may enlist in the U.S. armed forces, apply to become U.S. citizens, and are legally protected against discrimination by private employers.
States also generally cannot discriminate against lawful permanent residents – though states may require certain groups of people, such as teachers or police, to have U.S. citizenship.
Between 1820 and 1920, noncitizens routinely participated in different aspects of government, including voting, holding office and jury service in many states and territories.
These days, states and the federal government generally allow only citizens to serve on juries, hold political positions and vote. With a few exceptions, such as voting in some local elections, permanent residents are not able to do any of these things.
The distinction between noncitizens and citizens extends to other areas of life, such as public benefits.
The Supreme Court has frequently stated, “In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens.”
In practice, this means that the federal government – and to a much lesser extent, states – do not offer public benefits, such as Medicaid and other kinds of government support, to lawful permanent residents and other noncitizens on the same basis as citizens.
For example, lawful permanent residents must generally wait five years before becoming eligible for certain programs intended to support low-income people, such as Supplemental Security Income and the Supplemental Nutrition Assistance Program.
Finally, unlike citizens, lawful permanent residents can lose their legal immigration status.
Congress has enacted many grounds for deporting a noncitizen, or stopping them from entering the country.
Some courts have found that the U.S. government can deport a lawful permanent resident because of national security or terrorism concerns, even if the person has not committed a crime.
The Trump administration argues that they can deport lawful permanent residents like Khalil under the 1952 Immigration and Nationality Act, which states that a lawful permanent resident can be deported if the secretary of state has reasonable ground to believe that this person “would have potentially serious adverse foreign policy consequences for the United States.”
The Trump administration had initiated deportation proceedings against Khalil on this ground.
U.S. law also provides that any non-citizen can be deported if the secretary of state and the attorney general jointly determine that the person is associated with terrorism, or poses a threat to the U.S. In addition, the law says an immigrant can be deported if they “endorse or espouse terrorist activity or persuades others” to endorse or espouse terrorist activity or support a terrorist organization.
Still, lawful permanent residents are entitled to certain basic rights, such as retaining a lawyer to represent them in administrative hearings and court before they are deported.
By contrast, the U.S. government cannot deport a U.S. citizen for any reason. However, sometimes U.S. citizens are deported by mistake.
Indeed, the Supreme Court has found that while it is constitutional to execute a military member for desertion in wartime, it would be cruel and unusual punishment to deprive them of citizenship.
There have been few recent court cases testing the scope of deporting lawful permanent residents on national security grounds based on pure speech.
In 1999, the Supreme Court ruled that if a person is deportable, they are deportable – even if there is some other reason that motivated the government’s deportation proceedings, such as a suspicion that the non-citizen is involved with crime or terrorism.
The Supreme Court also then held that the government could deport non-citizens for technical visa violations, even if the case was based on the government’s belief that the non-citizens were associated with a terrorist group.
There is also some precedent arguing that deportation based on “adverse foreign policy consequences” is too broad and nonspecific to be constitutional.
Indeed, Marianne Trump Barry, the sister of the president, held this opinion when she was a federal judge in the mid-1990s. But Samuel Alito, then an appeals court judge, overturned Barry’s ruling on procedural grounds in 1996.
For its part, the Supreme Court has occasionally held that very broad and indeterminate deportation grounds are “void for vagueness,” meaning so sweeping and imprecise that they are unconstitutional.
Khalil’s lawyers appeared with U.S. government lawyers before a federal judge in New York on March 12. Their goal: to get Khalil moved from internment in Louisiana back to internment in New York. But that may well be just the beginning of a long haul for the Palestinian student. Courts have proved reluctant to second-guess security grounds rationales in immigration cases. For these reasons, cases like Khalil’s may go on for years.
This article is republished from The Conversation, a nonprofit, independent news organization bringing you facts and trustworthy analysis to help you make sense of our complex world. It was written by: Gabriel J. Chin, University of California, Davis
Read more: Alien and Sedition Acts were reviled in their time, and John Adams was not sorry to see them go The dark parallels between 1920s America and today’s political climate The fear of deportation hangs over unauthorized workers trying to fight exploitation, but all workers in the US have rights
Gabriel J. Chin does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
