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Comment by spwa4 | Hacker News Reader

But the law is structured so that the only thing ICE has to do is claim. They can remove visa from anyone without any reason, at their discretion.

They also have the power to remove anyone without a green card from US soil, also at their discretion.

The only thing that matters is that this person is in the US on a visa, and that ICE wants to do this. That's the law.

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If it’s true that they can most deport anyone at their discretion, why does the actual have a long list of specific reasons, most of which are felonies or other crimes which would normally carry long jail sentences?

https://www.law.cornell.edu/uscode/text/8/1227

This is not the correct law. I think this is a law where congress is trying to force the US attorney general (and with them the states' attorneys general) to immediately rescind a visa and deport individuals in certain cases, such as the named felonies.

A lot such laws exist, because there has been a long fight between the federal government and various states about deportation (and of course, it's not just federal vs states, there's also states that want people in other states to get deported, e.g. New York vs Texas)

Can you point me to the law you believe covers this? All of the coverage I’ve read says otherwise and that includes older discussions from Trump’s first term. Everything says some kind of serious crime - felony, support for terrorism, etc. – or something like marriage fraud or other problems with his actual immigration application.

https://fox59.com/news/national-world/ap-us-news/ap-arrest-o...

https://www.newsweek.com/president-donald-trump-mahmoud-khal...

https://www.law.cornell.edu/cfr/text/22/41.122

That’s specific to non-immigrant visas - students, diplomats, business travelers, etc. where the visa is time-limited and linked to a particular purpose such as being an employee of an American business or teaching at a college. The best known example on HN is the H1-B visa but there are quite a few others:

https://travel.state.gov/content/travel/en/us-visas/visa-inf...

As a green card holder, he was covered on the other type (immigrant) which does not assume that you’re intending to leave the country. I don’t know anything about his personal life but as the spouse of an American citizen he should easily have qualified:

https://travel.state.gov/content/travel/en/us-visas/immigrat...

The key thing which separates a green card from a regular visa of either type, and why people tried so hard to get them, is that it offers legal rights such as the ability to sponsor family members for their own permanente residency and, most relevant, legal protections closer to a citizen’s.

You have pointed to the right section. They can't just deport anyone they want.

Go down to the section on terrorist activities, click the link. That's what the claim is.

No,

They probably invoked very particular section of the law which gives a power to the US Secretary of State to take green card in extraordinary circumstances of danger to the states.

The provisions you keep citing most likely can’t be invoked like this, and must involve immigration courts. It’s much harder for the state to remove permanent residents than visa holders.

The immigration courts are part of the administrative branch. Homeland overseas it, not State. He was detained by ICE, which is part of Homeland.

You are miles out of your depth.

They showed up at first saying they were revoking his student visa, were surprised he didn't have a student visa and was here because he is a permanent resident, and then they made a bunch of stuff to justify hauling him away to imprison him in Louisiana.

They didn't "invoke" anything.

Absolute nonsense.

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