NBC News
NBC NewsJan 1
Politics

DHS to require green card applicants to return to home countries to apply

4 min video3 key momentsWatch original
TL;DR

Trump administration orders green card applicants already in the US to return home to apply, affecting roughly 500,000 annual applicants and likely triggering immediate lawsuits.

Key Insights

1

Reclassifying legal residents as illegalThe Trump administration's green card policy would require the roughly 500,000 annual applicants already in the US to leave the country and reapply from abroad — effectively reclassifying legally present visa holders as illegal if they remain during the application process.

2

Facing immediate legal challengesDHS frames the mandate as restoring immigration law's original intent, but the policy faces immediate legal jeopardy — immigrant rights groups are expected to challenge it in court given existing statutes permitting in-country applications for student visa, work visa, and refugee populations.

3

The administration is simultaneously threatening to remove CBP agents from sanctuary city airports, a move Airlines for America warns would cause devastating operational disruption to carriers, travelers, and international cargo flows.

Deep Dive

The green card mandate and its scope

The Trump administration announced that all green card applicants currently in the United States must return to their home countries to complete the application process. DHS justifies this as allowing immigration to function as the law intended and eliminating loopholes. With roughly 500,000 people applying from within the US annually, the policy affects a massive population that includes students, workers, and refugees who are legally present. Jonathan Allen notes the administration is signaling a broader crackdown, though the mechanism here is novel — turning people who entered legally into effective visa violators if they remain on US soil while applying.

Legal obstacles and enforcement uncertainty

Allen emphasizes that the policy's actual implementation remains unclear, with lawsuits from immigrant rights groups almost certain. Existing law explicitly permits green card applications from within the country for visa holders and refugees, making the administration's authority questionable. The White House is framing this as part of a larger immigration enforcement push after struggling to execute mass deportations as promised. Removing legal applicants from the process by forcing them abroad represents a novel enforcement strategy, distinct from prior crackdowns but likely equally vulnerable to judicial review.

Airport staffing threats and industry pushback

Secretary Mullen indicated the administration might remove CBP agents from sanctuary city airports — moves targeting Democratic jurisdictions where undocumented immigrants have legal protections. Airlines for America immediately warned that reducing CBP staffing at major airports would devastate the airline and tourism industries, causing significant operational disruption to carriers, travelers, and international cargo operations. The threat targets both the cities themselves and the transportation infrastructure they depend on, creating collateral pressure on an already stressed industry.

Takeaways

  • Expect immediate court challenges from immigrant rights groups citing existing visa laws that allow people to apply from within the US.
  • Monitor secondary impacts on airlines and tourism: DHS is also considering removing CBP agents from sanctuary city airports, which Airlines for America warns would cause devastating operational disruption.

Key moments

0:04DHS announces green card mandate

The Trump administration says anybody in the US who wants a green card has to return to their home country to apply.

3:03Legal battles expected

There is every indication from immigrant rights groups that they are going to take this to court and the question I think then will be whether it stands up.

3:07Airlines warn of chaos

Reducing CBP staffing at major airports would have a devastating effect on the airline and tourism industries causing a significant operational disruption to carriers, travelers, and the flow of international cargo.

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