Omar Bennett
Green card holders, or permanent residents, have certain rights and responsibilities in the United States. While they are protected by all laws of the United States, their state of residence, and local jurisdictions, they are not afforded the same constitutional rights as citizens. For example, permanent residents are expected to support the democratic form of government but are not allowed to vote in federal, state, or local elections. Additionally, there are some jobs that are limited to US citizens for security reasons. Green card holders also face restrictions on their re-entry into the US and can be denied automatic re-entry if they have been absent from the country for more than 180 days or have engaged in certain illegal activities.
| Characteristics | Values |
|---|---|
| Live in the United States | Yes, provided they do not commit any actions that would make them removable under immigration law |
| Work in the United States | Yes, in any legal work of their qualification and choosing (some jobs are limited to U.S. citizens for security reasons) |
| Be protected by U.S. laws | Yes, and must obey all laws of the United States and local jurisdictions |
| Right to re-enter the U.S. | Not automatic, and may be denied under certain circumstances |
| Be free from searches and questioning based on religion, race, national origin, gender, ethnicity, or political beliefs | Yes, but this right is not surrendered at the border |
| File income tax returns | Yes, and report income to the IRS and state taxing authorities |
| Vote in elections | No |
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What You'll Learn
The right to live and work in the US
Legal permanent residents, often referred to as "green card holders", have the right to live and work in the United States. This right is, however, conditional and not absolute. Green card holders can live anywhere within the US and work in any legal profession for which they are qualified. Nevertheless, some jobs are restricted to US citizens for security reasons.
A green card is a legal authorization to live and work in the United States permanently. It is not, however, a guarantee of unconditional stay. The Trump administration's immigration policies have raised concerns among green card holders about their status. Social media monitoring and stricter border controls have increased scrutiny of green card holders, and some have faced difficulties when travelling.
Green card holders are protected by the laws of the United States and all local jurisdictions. They are also protected by the US Constitution, including the right to due process and equal protection under the law, as outlined in the Fourteenth Amendment. The Fifth Amendment further extends this protection to all foreign nationals within US borders.
While green card holders have the right to live and work in the US, they do not have an indefinite right to remain in the country. Their stay is conditional, and they must abide by certain rules and requirements to maintain their status. This includes obeying the law, carrying their green card at all times, paying taxes, and renewing their green card every ten years.
Green card holders can also apply for citizenship after a certain period of residency, usually five years, or three years if they marry a US citizen. They must be physically present in the US for at least 913 days during that five-year period to maintain eligibility for citizenship.
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The right to protection by US laws
The US Constitution guarantees certain rights and protections to all people in the United States, including green card holders. While green card holders are not citizens and do not enjoy all the rights and privileges of citizenship, they are still entitled to the protection of US laws.
In addition, green card holders are protected by the Constitution and federal law at US borders and airports. The Constitution prohibits US Customs and Border Patrol (CBP) agents from performing stops, searches, detentions, or removals based solely on religion, race, national origin, gender, ethnicity, or political beliefs. Green card holders may decline to answer questions about their religious beliefs and political opinions, but this may result in delays or additional questioning. However, their devices can be searched, and they can be denied re-entry to the US under certain circumstances, such as if they have been absent from the country for more than 180 days or have engaged in illegal activity.
While green card holders have the right to live and work in the US, this is contingent on maintaining their status as lawful permanent residents. Green cards cannot be revoked without a hearing before an immigration judge. However, green card holders can be removed from the country if they commit actions that violate immigration law or other laws. Overall, green card holders have the right to protection by US laws, but this does not grant them the same rights and privileges as citizens.
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The right to religious freedom
Green card holders, or lawful permanent residents, are protected by all laws of the United States, their state of residence, and local jurisdictions. This means that green card holders have the right to religious freedom, which is guaranteed by the First Amendment of the United States Constitution.
In addition to the right to religious freedom, green card holders have other rights and responsibilities. They have the right to live and work permanently in the United States, receive Social Security, Medicare, and college financial aid, and serve in the military. They are also expected to obey all laws of the United States and localities, file income tax returns, and support the democratic form of government.
It is important to note that green card holders do not have the right to vote in federal, state, or local elections. However, they can apply for citizenship after five years of legal permanent residency, or three years if they marry a U.S. citizen.
While green card holders have the right to religious freedom, they may face some restrictions on their religious practices in certain situations. For example, some jobs may be limited to U.S. citizens for security reasons and may require them to follow certain religious practices or observances that may conflict with their own beliefs. Additionally, green card holders may be subject to increased scrutiny and restrictions under certain administrations, as seen under the Trump administration, which implemented stricter immigration policies.
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The right to political freedom
Several Supreme Court cases have affirmed that green card holders possess the same basic constitutional rights as natural-born and naturalized citizens. This includes the right to free speech and freedom of political expression. For example, in the case of Bridges v. Wixon (1945), the Supreme Court prevented the deportation of an Australian permanent resident due to his support for the Communist Party, citing his First Amendment rights.
However, green card holders' right to political freedom is not absolute. There have been instances where green card holders have faced deportation or revocation of their legal status due to their political activities. For instance, the case of Yunseo Chung, a Columbia University student and green card holder, who was targeted for deportation by the Department of Homeland Security due to her participation in pro-Palestinian protests. Similarly, Mahmoud Khalil, another green card holder and a Columbia University graduate student, had his legal status revoked by the State Department, allegedly due to his activities having "potentially serious adverse foreign policy consequences for the United States."
Green card holders also have the right to apply for naturalization and become United States citizens, which would grant them additional political rights and protections. The naturalization process typically requires at least five years of permanent residency, along with demonstrating good moral character, knowledge of English and U.S. history, and an attachment to the principles of the U.S. Constitution.
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The right to re-enter the US
Green card holders are free to travel outside the United States, and temporary or brief travel usually does not affect permanent resident status. However, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If a green card holder is absent from the United States for a year or longer, they may file an Application to Preserve Residence for Naturalization Purposes on Form N-470.
If a green card holder plans on being absent from the United States for longer than a year, it is advisable to first apply for a re-entry permit on Form I-131. Obtaining a re-entry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit's validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. A re-entry permit is a travel document that looks like a U.S. passport and is issued to green card holders who want to maintain U.S. residence during a lengthy trip abroad. The re-entry permit is important because while green card holders can travel freely, they must maintain continuous residence in the United States. If a green card holder travels abroad for more than a year, they will be assumed to have given up their residence, and their green card could be revoked. The re-entry permit tells the U.S. Customs and Border Protection (CBP) officials that the holder intends to return and continue living in the United States after their trip abroad.
If a green card holder loses their Green Card or re-entry permit, or it is stolen or destroyed while they are abroad, they may need to file a Form I-131A, Application for Travel Document (Carrier Documentation). This carrier documentation will allow an airline or other transportation carrier to board a lawful permanent resident bound for the United States without the carrier being penalized.
It is important to note that a re-entry permit does not guarantee entry into the United States upon return. Even with a re-entry permit, a CBP official may find other reasons to suspect that the green card holder has abandoned their U.S. residence, and they could face further questioning. Getting U.S. citizenship is often the best way to ensure that an individual can travel and return to the United States without facing such issues.
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Frequently asked questions
Yes. Green Card holders have the right to live and work permanently in the US, provided they obey all laws and meet their tax obligations.
No. Green Card holders are not allowed to vote in federal, state, or local elections.
Yes. There are limited circumstances under which Green Card holders can be denied automatic re-entry into the US, such as being absent from the country for more than 180 days or engaging in certain criminal activities.
Yes. Green Card holders are protected by all laws of the United States, including the Constitution. However, they do not have the same rights as citizens, such as the right to vote.
