Law Professor Amelia Wilson stated, “The law contained within the Immigration and Nationality Act is clear.” She added, “The Department of Homeland Security cannot unilaterally ‘revoke’ a permanent resident’s status.”
Hernan Rafael Castro and Gonzalo Ladron de Guevara are two of the latest permanent residents arrested amid heightened immigration enforcement under President Donald Trump. Castro faces charges for allegedly providing false information on his naturalization application, while Guevara was detained after returning from Mexico. These cases have raised concerns among Democratic leaders over the treatment of legal residents and potential violations of due process.
Customs and Border Protection (CBP) stated, “Possessing a green card is a privilege, not a right.”
Law Professor Amelia Wilson stated, “The law contained within the Immigration and Nationality Act is clear.” She added, “The Department of Homeland Security cannot unilaterally ‘revoke’ a permanent resident’s status.”
Wilson said, “There is a process the agency must follow, including serving the individual with a ‘Notice of Intent to Rescind,’ at which time that individual is entitled to a hearing before an immigration judge.”
Wilson wrote, “During these proceedings, it is the government that bears the burden of proving by clear, unequivocal, and convincing evidence that the permanent resident should have their status taken away. At that point it is the immigration judge—and only the immigration judge—who can effectively strip an individual of their green card.”
The U.S. Attorney’s Office in Arizona charged Castro with falsely denying a past drug arrest on his naturalization form. He has pleaded not guilty and now faces possible deportation.
Guevara was detained after returning from Mexico, where he reportedly scattered his mother’s ashes. His family has reportedly been unable to visit Guevara for over a month.
https://www.msn.com/en-us/news/us/two-legal-residents-arrested-sparking-outrage/ar-AA1KGMBw
