Abstract
This article examines Executive Order 14161, issued on March 21, 2025, empowering a green card vetting pause particularly affecting refugees, asylees, and other permanent residency pathways. It evaluates the legal foundations under INA § 212(f), the impact on green card holders, green card vetting pause, and deporting green card holders, and the constitutional concerns. It also provides strategic guidance for applicants navigating these evolving policies.
I. Overview of Trump's Immigration Policy
President Trump's 'America First' agenda enhanced immigration enforcement through extended vetting and paused adjudications (Pierce & Bolter, 2020). Terms like Trump green card and Trump pauses green card signaled broader intent to restrict permanent residency.
II. Executive Order 14161 and Green Card Vetting Suspension
Signed March 21, 2025, EO 14161 suspended green card processing for refugees and asylees and mandated enhanced digital and fraud screening (DHS, 2025). USCIS halted adjudications effective March 25 (CBS News, 2025).
III. Legal Foundation: INA § 212(f)
Under INA § 212(f), the President may suspend entry of classes of aliens deemed detrimental to national safety—a power upheld in Trump v. Hawaii (2018). It was previously used to pause green cards during COVID‑19 (Trump, 2020).
IV. Impact on Applicants and Green Card Holders
The suspension has disproportionately impacted refugees and asylees eligible for permanent residency after one year of lawful presence. Additional scrutiny has also extended to students transitioning from F‑1 or J‑1 status to permanent residency (National Foundation for American Policy, 2025). Green card holders with criminal convictions have experienced increased ICE enforcement, contributing to concerns about deporting green card holders (ICE, 2024).
V. Constitutional and Judicial Considerations
Civil liberties groups, including the ACLU, argue that such policies risk violating constitutional principles such as equal protection under the law (ACLU, 2025). In June 2025, a Supreme Court ruling expanded executive power, allowing expedited deportations to third countries without prior notice or access to CAT protection (SCOTUS, 2025).
VI. Effect on Other Immigration Pathways
Beyond refugee applications, the Trump administration introduced delays in employment-based sponsorship, marriage-based adjustment, and military green card programs (USCIS, 2023; DOL, 2024). These changes have strained the legal immigration framework and increased the demand for legal counsel.
VII. Applicant Strategy
Green card applicants should consider the following proactive steps:
- Engage experienced immigration counsel.
- Stay informed through USCIS and DHS announcements.
- Audit and curate social media accounts in anticipation of digital vetting.
Conclusion
The Trump administration's approach, especially under the Trump pauses green card framework, highlights the tension between executive authority and individual rights. While temporary suspensions may be lawful, long-term immigration reform requires Congressional action. The current legal environment underscores the importance of constitutional safeguards and judicial oversight in preserving due process.
Does this article interest you? U.S. SUPREME COURT DECISION SIGNALS SHIFT IN PROCEDURAL PROTECTIONS FOR ASYLUM SEEKERS FACING REMOVAL
References
ACLU. (2025). Legal challenges to immigration executive orders. https://www.aclu.org
American Immigration Council. (2021). Understanding immigration detention. https://www.americanimmigrationcouncil.org
CBS News. (2025, March 25). USCIS halts green card processing for refugees and asylees. https://www.cbsnews.com
Department of Homeland Security. (2025). Executive Order 14161: National security in immigration screening.
Department of Labor. (2024). Green card sponsorship and employment statistics.
ICE. (2024). Annual report on immigration enforcement.
Legomsky, S. H. (2020). Presidential power over immigration: What are the limits? Georgetown Immigration Law Journal, 34(1), 45–67.
Migration Policy Institute. (2025). Delayed pathways: Trump's green card pause and refugee impact. https://www.migrationpolicy.org
National Foundation for American Policy. (2025). Impact of new screening rules on international students.
Pierce, S., & Bolter, J. (2020). Dismantling and reconstructing the U.S. immigration system: A catalog of changes under the Trump presidency. Migration Policy Institute.
Supreme Court of the United States. (2025, June 23). Decision on expedited deportations.
Trump, D. J. (2020, April 22). Proclamation suspending immigration during COVID-19. The White House.
USCIS. (2023). Green card eligibility categories. https://www.uscis.gov
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
