DOJ argues it can revoke any Green Card at any time in court case

Key Takeaways

• DOJ claims Attorney General can revoke Green Cards anytime, affecting 12 million lawful permanent residents.
• Third Circuit judges express concerns about lack of due process and potential abuse of power.
• Processing pause for refugees and asylees since March 2025 has increased legal uncertainty and backlogs.

In May 2025, the Department of Justice (DOJ) made a striking argument before the Third Circuit Court of Appeals that could reshape the future for millions of Green Card holders in the United States 🇺🇸. During a high-profile hearing, DOJ attorneys claimed that the U.S. Attorney General has the power to revoke lawful permanent resident (LPR) status—commonly known as a Green Card—at any time, regardless of how long someone has lived in the country or how deep their ties are. This position, if accepted by the court, could have sweeping consequences for the estimated 12 million LPRs living in the U.S.

This article explains what happened at the Third Circuit, what the DOJ’s argument means, who could be affected, and what steps Green Card holders and applicants should consider as the legal process unfolds.

DOJ’s Argument: Unlimited Authority to Revoke Green Cards

At the heart of the current legal battle is the DOJ’s claim that the Attorney General can revisit and revoke anyone’s Green Card at any time, for any reason, and without a time limit. This argument was presented during a Third Circuit Court of Appeals hearing around May 14, 2025. The DOJ’s legal team, led by attorney Murphy, insisted that Congress gave the executive branch broad discretion in immigration matters, including the ability to retroactively review and potentially strip LPR status—even decades after it was granted.

Key points from the DOJ’s position:

• No Statutory Time Limit: The DOJ says there is no law restricting when the Attorney General can review or revoke a Green Card.
• Applies to All LPRs: This could affect anyone with a Green Card, regardless of how long they have lived in the U.S.
• National Security and Fraud Prevention: The DOJ argues this authority is necessary to protect national security and prevent fraud.

According to analysis by VisaVerge.com, this marks a significant shift from previous interpretations, which required clear legal grounds—such as fraud or criminal activity—and due process before revoking LPR status.

Judicial Skepticism and Legal Pushback

The DOJ’s sweeping claim did not go unchallenged. Judges Arianna Freeman and Cheryl Ann Krause of the Third Circuit expressed serious doubts about the lack of limits on the Attorney General’s authority. They questioned whether such power could be abused and whether it undermines the legal protections that have traditionally shielded LPRs from arbitrary government action.

Legal experts and advocates have raised several concerns:

• Due Process: The Immigration and Nationality Act (INA) has long required that only an immigration judge, not the Attorney General alone, can revoke LPR status, and only after the government proves its case.
• Judicial Oversight: Removing the requirement for a hearing before an immigration judge could leave millions vulnerable to sudden loss of status.
• Legal Uncertainty: If the DOJ’s view prevails, LPRs could face indefinite retroactive scrutiny, creating fear and instability.

Amelia Wilson, an assistant professor at Pace University, emphasized that due process is a core principle of U.S. immigration law. She explained that the government must prove by “clear, unequivocal, and convincing evidence” that revocation is justified, and that individuals have the right to appeal.

What’s at Stake for Green Card Holders?

If the Third Circuit sides with the DOJ, the consequences could be far-reaching for the 12 million lawful permanent residents in the United States 🇺🇸. Here’s what could happen:

1. Retroactive Status Review

Any Green Card holder, no matter how long they have lived in the U.S., could have their status reviewed and potentially revoked. This includes people who have built families, careers, and communities over decades.

Example:
Maria, who has lived in the U.S. for 25 years as an LPR, could receive a notice that her status is under review—even if she has never committed a crime or violated immigration laws.

2. Unilateral Action by the Attorney General

Under current law, revocation typically requires a hearing before an immigration judge. The DOJ’s argument suggests the Attorney General could act alone, without judicial oversight.

3. Burden of Proof and Appeals

While the government must still meet a high burden of proof, the effectiveness of appeals could be limited if the DOJ’s interpretation is accepted. This could make it much harder for LPRs to defend their status.

4. Widespread Fear and Instability

The possibility of retroactive review could create anxiety and discourage LPRs from fully participating in civic life, such as applying for jobs, buying homes, or even traveling abroad.

Impact on Refugees, Asylees, and Processing Backlogs

The DOJ’s position comes at a time when the Trump administration has already paused the processing of certain Green Card applications, especially for refugees and asylees. This move, justified by the need for “enhanced vetting” and national security, has left thousands in legal limbo.

Key facts:

• Processing Pause: Began in March 2025, with no announced end date.
• Applications Affected: In January 2025 alone, USCIS received 92,424 Green Card applications, including 12,394 from asylees or refugees.
• Backlogs: Before the suspension, processing times for asylee and refugee Green Card applications ranged from 14 to 15.5 months for 80% of cases.

Practical effects:

• Longer Waits: The pause will increase already significant backlogs, delaying or denying permanent residency for vulnerable groups.
• Legal Limbo: Many refugees and asylees are stuck without permanent status, unable to reunite with family or access certain benefits.

How the Revocation Process Would Work (If DOJ Prevails)

If the DOJ’s argument is upheld, the process for revoking a Green Card could look very different from today’s system. Here’s a step-by-step outline:

1. Initiation: The Attorney General could start a review of any LPR’s status at any time, for any reason.
2. Notification: The individual would receive notice that their Green Card is under review and may be revoked.
3. Proceedings: Under current law, this would involve a hearing before an immigration judge. The DOJ’s position suggests the Attorney General could bypass this step.
4. Burden of Proof: The government must show “clear, unequivocal, and convincing evidence” that revocation is justified.
5. Appeal: The LPR could appeal the decision, but the scope and effectiveness of appeals might be reduced if the DOJ’s view is accepted.

For official information on Green Card revocation procedures, visit the USCIS Green Card page.

Multiple Perspectives: Who Supports and Who Opposes the DOJ’s Position?

Immigrant rights groups say the DOJ’s position could destabilize millions of lives and erode trust in the immigration system. Legal experts argue that the INA’s due process requirements are essential to prevent arbitrary or politically motivated actions. Federal judges have openly questioned whether the government’s approach is consistent with the rule of law.

Historical Context: How Did We Get Here?

Traditionally, revoking a Green Card required specific legal grounds—such as fraud or serious criminal activity—and a formal hearing before an immigration judge. The Trump administration, however, has taken a more aggressive approach to immigration enforcement, including:

• Executive Orders: Mandating enhanced vetting and suspending certain immigration benefits.
• Policy Shifts: Seeking to reinterpret the INA to allow for indefinite, retroactive review of LPR status.

The current legal challenge represents a significant escalation, with the DOJ seeking to give the Attorney General nearly unlimited power over the status of lawful permanent residents.

What Happens Next? Pending Court Ruling and Future Outlook

As of May 22, 2025, the Third Circuit Court of Appeals has not issued a final decision. The outcome of this case could set a precedent for the entire country, especially if it is appealed to the Supreme Court.

Possible scenarios:

• Court Sides with DOJ: The Attorney General gains broad authority to revoke Green Cards at any time, affecting millions.
• Court Rejects DOJ’s Argument: Due process protections remain in place, and only immigration judges can revoke LPR status after a hearing.
• Congressional Action: Lawmakers could step in to clarify or limit the Attorney General’s authority, but no such legislation is currently pending.
• Continued Litigation: Immigrant rights groups and legal organizations are likely to challenge any attempt to implement the DOJ’s policy, citing constitutional and statutory protections.

What Should Green Card Holders and Applicants Do Now?

With the situation still developing, LPRs and those applying for Green Cards should take practical steps to protect their status and stay informed:

• Monitor Official Updates: Check the DOJ Executive Office for Immigration Review (EOIR) website for the latest news on court decisions and policy changes.
• Consult Legal Experts: If you are concerned about your status, speak with an experienced immigration attorney or an accredited representative.
• Keep Records: Maintain copies of all immigration documents, notices, and correspondence.
• Stay Informed: Follow reputable sources, such as VisaVerge.com, for ongoing analysis and updates.

For questions about your Green Card or immigration status, you can contact USCIS at 1-800-375-5283.

Summary Table: Key Facts

Actionable Takeaways

• Stay Alert: The legal landscape for Green Card holders is changing. Watch for updates from the Third Circuit Court of Appeals and official government sources.
• Know Your Rights: Understand that, as of now, due process protections remain in place. Only an immigration judge can revoke LPR status after a hearing.
• Seek Help if Needed: If you receive any notice about your status, contact a qualified immigration attorney immediately.
• Advocate and Participate: Consider joining community organizations or advocacy groups to stay informed and make your voice heard.

The DOJ’s argument before the Third Circuit Court of Appeals could mark a turning point in U.S. immigration policy. If the court accepts the DOJ’s position, millions of lawful permanent residents could face new uncertainty and risk. For now, the situation remains fluid, and all eyes are on the court’s upcoming decision.

For more information on Green Card status and your rights, visit the official USCIS Green Card page.

References:
[1] Third Circuit Court of Appeals hearing transcripts, May 2025
[2] DOJ legal filings, May 2025
[6][8] USCIS and DHS public statements, 2025
VisaVerge.com reports that ongoing litigation and policy changes are likely to shape the future for LPRs in the United States.

Learn Today

Lawful Permanent Resident (LPR) → An immigrant authorized to live permanently in the U.S. with a Green Card.
Attorney General → The head of the U.S. Department of Justice who enforces federal laws.
Third Circuit Court of Appeals → A federal court covering Pennsylvania, New Jersey, Delaware, and U.S. Virgin Islands.
Due Process → Legal requirement that government must respect legal rights before depriving someone of status.
Green Card Revocation → The legal process of removing someone’s permanent resident status, typically for fraud or crimes.

This Article in a Nutshell

In May 2025, the DOJ argued the Attorney General can revoke Green Cards without time limits. This unprecedented move risks legal instability for 12 million LPRs, raising due process concerns and affecting refugees amid growing application backlogs. The Third Circuit’s decision will greatly impact U.S. immigration policy and residents’ rights.
— By VisaVerge.com

Read more:

• UK government unveils major immigration reforms to cut net migration
• UK Immigration White Paper calls for big changes to student visas
• Immigration New Zealand urges students to apply early for visa processing
• Brenna Bird Praises Trump’s ‘Illegal Immigration’ Blitz
• Trump’s Immigration Crackdown Spares Unemployment Benefits