Third Circuit Asked to Let AG Yank Green Cards Anytime

Key Takeaways

• DOJ seeks unlimited power for Attorney General to revoke green cards at any time, even decades after issuance.
• If granted, around 12.8 million U.S. green card holders could face status loss in undefined ‘exceptional circumstances.’
• Third Circuit Court’s decision could create sweeping changes, removing long-standing legal protections for lawful permanent residents.

The U.S. Department of Justice (DOJ) has recently made a strong argument before the Third Circuit Court of Appeals that the Attorney General should be able to revoke green cards at any time, even many years after these have been given out. This position, presented by DOJ attorney Lindsay Murphy, would give much wider and more lasting power to the executive branch over the fate of lawful permanent residents. The legal hearing in question centers around Mohammad Qatanani, a Palestinian-born imam who has lived in New Jersey since 1996. His case shines a light on what could happen if the Attorney General gets the broad authority the DOJ seeks.

Background and Legal Context

The main point of discussion comes from the DOJ’s claim that nothing in the regulations or laws known as statutes puts a time limit on the Attorney General’s power to take away a green card. Lawyer Lindsay Murphy told the Third Circuit that this means “there doesn’t impose any time limit,” and revocation could happen “even 10, 20 years later” if the Attorney General decides it is needed.

The case centers on Mohammad Qatanani. He moved to the United States 🇺🇸 in 1996 and received a green card in 2008, after a long legal stretch involving old, disputed claims of links to Hamas, which he has always denied. Years later, the Board of Immigration Appeals—an office inside the DOJ—reviewed his case again and stripped him of his green card, leading to new appeals and debates about how much power the federal government really should have over long-settled immigrants.

Potential Impact on Millions of People

If the Third Circuit agrees with the DOJ and the Attorney General gets this sweeping power, it would have far-reaching results. Here’s what this could mean:

• Around 12.8 million green card holders now in the United States 🇺🇸 could find themselves at risk of losing their status at any point, for any reason the government thinks is “exceptional.”
• People who have lived most of their lives in the country, raised families, and built careers could be affected, even decades after their green card was approved.
• The DOJ states that such actions would happen only in “exceptional circumstances,” but there is no clear limit or rule about what counts as exceptional.
• This push is part of bigger efforts during President Trump’s administration to get tough on both undocumented immigrants and those with current legal status who are seen as security risks or rule-breakers.

The broad change would mean permanent residents would never be truly secure, no matter how many years they have spent in the United States 🇺🇸. Current practice has always offered due process and clear standards for losing legal status—this new approach would change that.

Traditional Legal Safeguards and the Role of Due Process

For decades, green card holders—known legally as lawful permanent residents—have enjoyed strong protections. If the government wants to strip someone of their green card, it must usually go through a fair and open legal process:

• The person faces removal proceedings before an immigration judge. They are shown proof, and the government must give reasons—such as criminal activity or security threats.
• The green card holder can argue their case, present evidence, and have legal help.
• If the decision goes against them, they can appeal to higher courts, including federal appeals courts like the Third Circuit, which provides an extra layer of protection.
• Laws like INA §237(a)(4)(C)(i) already allow for deportation if certain security problems come up—such as claims that the person’s presence could hurt U.S. foreign policy. But Congress made sure those laws don’t let the government deport people just for speaking their minds or associating with certain groups.

In short, losing a green card has always been linked to specific rules and only after fair hearings. The government cannot simply change its mind years later for new or unproven reasons.

Government’s New Position—and Why It Matters

The DOJ now wants to overturn this old system. Their lawyers told the Third Circuit that the Attorney General needs the power to remove green cards any time it becomes “necessary”—even long after granting them.

• The DOJ argues there is “no time limit” anywhere in the relevant laws or rules.
• Actions could happen quickly or only after many years, if the government decides something new turns up, such as hidden past actions or security worries.
• The only limit, according to the DOJ, is that it must be in “exceptional circumstances,” but that phrase is not defined and is left up to the Attorney General to decide.
• This makes the government’s power very wide and difficult for residents to predict or challenge.

As reported by VisaVerge.com, legal observers note that such a move would deeply shake the confidence of all green card holders, as it removes the sense of security and stability that comes with lawful permanent resident status.

Judicial Concerns and Skepticism

This broad approach has raised skepticism among judges. During hearings before the Third Circuit, Judge Arianna Freeman asked DOJ lawyer Lindsay Murphy whether it wasn’t “an extraordinary position” to give so much unchecked power to the Attorney General. The court appeared concerned that such a move could undercut centuries of settled rights and legal expectations for immigrants.

The idea that someone who has built a full life in the United States 🇺🇸 could lose their status many years later, without having done anything wrong since their arrival, is new and deeply troubling to many advocates. Traditionally, legal experts have made it clear that the right to stay in the country should not be lost for reasons that are arbitrary or impossible to predict.

How the Third Circuit’s Decision Could Shift Immigration Law

It’s important to remember what is truly at stake here. If the Third Circuit agrees with the DOJ:

• The Attorney General could begin reviewing and potentially rescinding green cards in a wider set of cases, including older cases that seemed long since decided.
• All current and future green card holders would have less assurance about their legal status—since there would be no clear legal limits on review timing or grounds.
• The government could use this power for any reason it calls “exceptional,” with no clear rule or external check.
• The only real protection would be the chance to argue against the revocation after it happens, instead of before.

• For detailed information about the process of green card revocation, you can review official guidance from U.S. Citizenship and Immigration Services.

This is a sharp break from previous practice. In the past, most removals of green cards—often known as “rescissions”—had to meet very specific standards. These included known criminal convictions or clear fraud during the application, handled usually soon after granting resident status. Actions many years later, with little proof or undefined reasons, have been much less common.

Who Would Be Affected If This Power Expands?

The main groups who would feel the impact of a new rule favoring the DOJ are:

• Long-term Residents: Someone who received a green card decades ago, started a family, worked a job, and put down roots could still have their status reviewed.
• Recent Arrivals: Newer green card holders would have less certainty that their status would last, making future planning harder.
• Employers and Families: Companies and families relying on the presence of a green card holder could face sudden changes and disruptions if their employees or loved ones lose their legal status abruptly.
• Legal System: Courts could see more legal challenges from those seeking to fight revocation. This could strain the entire immigration review process, making it much slower and less predictable.

For all these groups, the most unsettling change would be the loss of the idea that green card status is settled and safe, unless a clear crime or fraud comes to light.

Arguments for and Against This New Discretion

Government lawyers, reflecting the DOJ’s viewpoint, argue that sometimes the government only learns about a problem years later. For example, if someone lied in the past and this is discovered much later, the government wants to be able to act right away—no matter how long ago the green card was given out.

But immigrant advocates and legal scholars argue that the rule of law must include fairness and predictability. They say the Attorney General’s unchecked power could lead to mistakes, unfair treatment, or even punishment for actions or associations that are not crimes or real threats. Many fear this could make millions of residents feel uneasy, never knowing when their status might be challenged again.

Legal Timeline and the Road Ahead

This current fight became prominent during the tenure of President Trump, as his administration made both undocumented and lawful immigrants bigger targets for enforcement actions. The DOJ has framed this push as part of “exceptional circumstances” work—but, so far, they have left open questions about what would limit or guide this power.

• The Qatanani case started years ago, involving a lengthy legal process and several rounds of appeals.
• The current oral arguments before the Third Circuit focus on whether the Attorney General can act decades after granting a green card—an issue not clearly settled before in federal courts.
• No final decision has been made; the Third Circuit’s ruling could set a lasting precedent.

What Should Green Card Holders, Applicants, and Employers Do?

If the Third Circuit agrees with the DOJ, all who hold or sponsor green cards could face new risks:

• Residents: Keep all records that support your original application and maintain evidence of ongoing good conduct.
• Applicants: Make sure all information in applications is honest and complete from the start.
• Employers: Stay informed about the status of employees who hold green cards, and be ready for sudden changes if rules shift.

Affected parties should keep in touch with legal help and follow updates closely. The process and appeals options may change if courts broaden the Attorney General’s power. However, until the Third Circuit makes its final decision, current laws and appeal rights still stand.

Controversy and What Comes Next

There is deep debate about this potential change. Legal experts point out that giving the Attorney General such wide and ongoing power risks fairness and could mean fewer rights for immigrants. Supporters of change argue the government needs to act on new threats that may appear only over time. No matter what side you are on, the fact is this: if the Attorney General’s broader power becomes law, it will change what lawful permanent residency means.

For anyone holding or seeking a green card, the most important step is to keep informed of all government and court actions. Legal advice from a qualified immigration attorney remains crucial, as every individual’s case will be different depending on the facts and future law.

For reference, further details about the rights and responsibilities of green card holders can be found at the official USCIS Green Card page.

Final Considerations and Advice

In summary, the question before the Third Circuit is not small. The DOJ asks for sweeping new power for the Attorney General to take away green cards even after decades, with only their judgment as a limit. Such a decision would end long-standing protections and create new worry for millions. While the outcome is pending, all affected should stay aware and ready to seek help, as future changes may come fast.

Remember, nothing in this article replaces individual legal advice. For any specific concerns about green cards, the Attorney General’s power, or recent Third Circuit actions, consult a trusted immigration lawyer.

As always, changes in U.S. immigration law and policy can have wide effects. Stay alert to updates from courts and from trusted sources like VisaVerge.com, and use official government sites to check the current status of your green card or application.

Learn Today

Third Circuit → A federal appeals court covering several northeastern U.S. states, now reviewing DOJ’s request on green card revocation powers.
Attorney General → The chief legal officer of the U.S., currently being considered for expanded authority over lawful permanent residents’ status.
Green Card → An identification card showing permanent residency status in the U.S.; eligible holders may live and work there indefinitely.
Removal Proceedings → Formal court processes that determine whether an immigrant’s legal status or residency should be terminated and deportation ordered.
Exceptional Circumstances → A vague standard referenced by DOJ, not clearly defined, that could justify permanent residents losing green cards regardless of time passed.

This Article in a Nutshell

The Department of Justice asks the Third Circuit to grant the Attorney General indefinite power to revoke green cards, raising deep concerns for 12.8 million residents. This unprecedented move could dissolve decades-old protections and introduce sweeping uncertainty, affecting families, employers, and legal stability — a turning point in immigration policy.
— By VisaVerge.com

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