A MARTÍNEZ, HOST:
For more on Khalil's case and the rights of green card holders, we have Stuart Anderson. He is executive director of the National Foundation for American Policy, a free market think tank. He previously was the head of policy at what used to be called the U.S. Immigration and Naturalization Service. So, Stuart, what rights come with a green card?
STUART ANDERSON: Well, while the term is used, lawful permanent resident, you actually can be deported for a number of reasons, certainly if you commit a crime. And what's happened here is they're trying to use a provision of the law that's really just about never been used to deport someone, certainly a green card holder, in which under the law it says an alien whose presence or activities in the United States a secretary of state has reasonable ground to believe would have potentially serious adverse foreign policy consequences, that person is deportable. And that raises the issue that anyone who is a green card holder or another noncitizen could be deported for criticizing the president's foreign policy.
MARTÍNEZ: So, wow, OK. So just criticizing foreign policy is enough. You don't need to have any more evidence of a crime or anything like that?
ANDERSON: That's correct. I mean, the statute is written that way. It has been used. And there is an administrative ruling that the proof administratively within the immigration service, it's sufficient - simply a letter from the secretary of state saying that their presence would have adverse consequences is sufficient proof, at least administratively. And so what we're going to have to see is, if this is challenged on Bill of Rights grounds, whether the entire provision will be viewed as constitutional.
MARTÍNEZ: But the protections that go along with a green card, what are they exactly? I mean, what would be there that could actually help someone that has a green card?
ANDERSON: Well, what would probably help the most is that there was a Supreme Court case in 1945 called Bridges v. Wixon, in which there was a labor organizer who was an immigrant who's accused of being a member of the Communist Party. He denied being a member. And he essentially was able to stay in the country and not be deported because the majority opinion said that freedom of speech in the press is accorded aliens residing in the country. And it also said that once an alien lawfully enters and resides in the country, he becomes vested with the rights guaranteed by the Constitution that are available to everyone within the borders. So that's, I think, what an attorney would want to hang their hat on.
MARTÍNEZ: Yeah. How much authority does the judge have to uphold proceedings here?
ANDERSON: Well, the normal process is that someone would first go through an immigration judge. And then they would be either deported or not deported or issued an order to be deported. And then at that point, then it would be challenged on whatever grounds an attorney decides to challenge it. In this case, a judge is just trying to, I think, at least preserve that opportunity to appeal any administrative decision.
MARTÍNEZ: Is the reason why Khalil is in Louisiana maybe to try and find a more conservative-leaning judge?
ANDERSON: Well, there's no doubt that the administration knew that this was going to be challenged on constitutional grounds, and so it certainly made more sense to be in Louisiana than in New York or in New Jersey. But I think, you know, we're going to have to see how widely this authority is used.
MARTÍNEZ: Stuart, when you first heard of this story, I mean, what did you think? I mean, your experience with all this, what were your first impressions?
ANDERSON: Well, the first impression I had is that any time an authority is used against one group, it can be used against another group later on. And so right now, this is being used against someone who's critical of policy towards Israel, but in 10 or 15 years, you might have a different president who does not support Israel. And if you had people criticizing that policy, would you want those individuals to be deported?
MARTÍNEZ: Stuart Anderson of the National Foundation for American Policy. Stuart, thanks.
ANDERSON: Thank you. Transcript provided by NPR, Copyright NPR.
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