Since Donald Trump returned to the White House for a second term, reports about his mass deportation strategy have generated many scandalous headlines. As many political analysts anticipated, Trump’s strategy has been underscored by grandstanding, overzealous enforcement, chaotic detentions, and draconian measures. While Trump’s campaign promise of mass deportations mostly focused on undocumented migrants, some green card holders have been caught up in the wave of detentions.
The Khalil, Mahdawi, and Abrego Detentions
On March 8th, 2025, agents from Immigration and Customs Enforcement (ICE) arrived at an apartment building owned by Columbia University in New York City to detain Mahmoud Khalil, a foreign student from Syria. Unlike many international students at Columbia, Khalil wasn’t enrolled through an F-1 non-immigrant visa. He was a permanent legal resident married to an American citizen.
Two other permanent residents were detained by ICE agents a few days after Khalil’s detention. Mohsen Mahdawi, another Columbia student, was arrested as he arrived at a United States Citizenship and Immigration Services (USCIS) office in Vermont for his initial naturalization interview. Kilmar Abrego Garcia, a green card holder from El Salvador, was arrested in Maryland and flown to the Terrorism Confinement Center in his country of origin.
Other permanent residents have also been detained and flagged for deportation. However, the Khalil, Mahdawi, and Abrego cases have received significant news media attention. In all three cases, the grounds for deportation are highly questionable, thus sparking legal challenges supporting their release and condemning the Trump administration.
No Deportations without Due Process
The Department of Homeland Security (DHS) and its subordinate agencies are authorized to detain and remove noncitizens. However, they must follow the U.S. Constitution, particularly the Fifth Amendment as it applies to due process of law. Khalil, Mahdawi, and Abrego are green card holders without criminal convictions, so each of them should have received a DHS Notice to Appear (NTA) with the alleged grounds for deportation. The NTA must include the date, time, and location of the immigration court hearing. This would be the beginning of due process.
While DHS can detain legal residents over national security concerns, the NTA should be issued shortly thereafter. The next step would involve appearing before an immigration judge to acknowledge the grounds for removal. The DHS and USCIS procedures for NTA handling should give permanent residents sufficient time to contact an immigration law firm so an attorney can review the case. For example, a San Diego immigrant who arrives at his or her hearing without a San Diego immigration lawyer can request a continuation so he or she can retain counsel before the case is reviewed and argued.
The Abrego case is the most egregious of the three mentioned here because he was flown to San Salvador and thrown into a notorious prison. All this happened without due process, which is why the Supreme Court ordered DHS and the Department of Justice to facilitate Abrego’s return so he could get constitutional due process.
The most important lesson for legal residents in the U.S. about these scandalous detentions is that they can continue to happen under the Trump administration. Nonetheless, they shouldn’t be considered lawful deportation or removal proceedings. The terms “citizen,” “immigrant,” and “resident” aren’t in the Fifth Amendment. Instead, the due process clause refers to “persons,” meaning everyone can invoke it and seek legal protection.
Immigration lawyers in San Diego, CA, are able to provide representation in any cases involving deportation. If you need more information about green cards and deportation or you need the services of reliable, trustworthy immigration attorneys in San Diego, reach out to KS Visa Law. Call us today to schedule an appointment.
