How can Trump revoke non-immigrant visas?
The US Citizenship and Immigration Services (USCIS) posted a notice or warning that “green cards and visas will be revoked if an alien breaks the law.” The notice further advises that receiving a visa or green card is a privilege, and US laws and values must be respected. If “you advocate for violence, endorse or support terrorist activity or encourage others to do so, you are no longer eligible to stay in the US.”
This warning is apparently directed at the anti-Israel protesters in the aftermath of the Oct. 7 massacres that took place in Israel, followed by protests on college campuses that had a pro-Hamas slant.
The reasoning of the Trump administration is that Hamas is a terrorist organization. Hamas has called for the destruction of the state of Israel as well as violence against Zionists or Jews. If a person supports a terrorist organization and they are not a US citizen, they can have their green card or nonimmigrant visa revoked. Some non-immigrants are members of US organizations that donate to or support designated terrorist groups.
Visas of pro-Hamas protesters could also be revoked because they had lied on their nonimmigrant visa application. This is because several questions on that application ask about whether they support terrorist organizations or plan to engage in illegal activity.
Here are some questions on the nonimmigrant visa application form, or DS-160:
• Do you seek to engage in espionage, sabotage, export control violations or any other illegal activity while in the United States?
• Do you seek to engage in terrorist activities while in the United States or have you ever engaged in terrorist activities?
• Have you ever or do you intend to provide financial assistance or other support to terrorists or terrorist organizations?
• Are you a member or representative of a terrorist organization?
• Have you ever ordered, incited, committed, assisted or otherwise participated in genocide?
• Have you committed, ordered, incited, assisted or otherwise participated in extrajudicial killings, political killings or other acts of violence?
• Have you ever sought to obtain or assist others to obtain a visa, entry into the United States or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?
The Trump administration views these various demonstrations as advocating for violence, supporting terrorist activity or encouraging others to do so. The protesters argue that they are exercising their free speech rights. Ultimately, it would appear the courts will need to decide whether the content of their protests is free speech or impermissible advocacy of terrorist violence or other illegal activity.
But for most other people, who are not necessarily engaged in any protests, it demonstrates the grounds on which Trump can revoke visas or green cards, which is that perhaps the person lied on their application in connection with their eligibility. It did not have to be about terrorist or illegal activities. Maybe they were being petitioned as single but were secretly married. Maybe they obtained a green card through a fixed marriage. Maybe they had committed a minor crime after obtaining their green card and, when asked on the form, checked the “no” box.
That is why I would advise non-citizens, especially green card holders, to perhaps consult with an attorney before they travel outside the US or apply for naturalization. Because if there were some issues concerning the way in which they obtained their green card, or they engaged in conduct after getting the green card that may make them deportable, then traveling outside the US or applying for naturalization could raise issues. An attorney can evaluate the risks and chances.
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