Your Green Card Can Be Taken Away. Here Is What Happens When It Is.

Arzoo Connor • May 12, 2026

I have had clients come into my office who have been in this country for twenty years.


They came here legally. They got their green card. They built something. A business, a family, a home. They paid taxes, coached their kids' soccer teams, went to church on Sundays.


And they are sitting in immigration court fighting deportation because of a conviction.


A domestic violence charge. A drug offense. Something that felt, at the time, like a problem they handled and moved on from. Something their criminal defense attorney told them to plead guilty to because it was the fastest way through.


What their criminal defense attorney did not tell them was what that plea would mean under federal immigration law.


This is one of the most painful conversations I have in my practice. Not because the law is complicated, though it is. Because the people sitting across from me did not know the ground was moving under their feet until they were already falling.


A Green Card Is Not Permanent Protection

Most people understand that undocumented immigrants can be deported. What fewer people understand is that lawful permanent residents can be deported too.


A green card gives you the right to live and work in the United States indefinitely. It does not make you immune from removal. Under federal law, certain criminal convictions trigger deportability regardless of how long you have held your green card, how long you have lived here, or how many U.S. citizen family members you have.


The main categories of crimes that can put a green card holder in removal proceedings are aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence convictions, and firearms offenses.


That list is broader than most people realize, and the definitions under immigration law do not always match what people expect based on how things work in state court.


Why State Court Outcomes Do Not Protect You

This is the gap that gets people.


Criminal defense attorneys and immigration attorneys are doing two different jobs. A criminal defense attorney is trying to get the best outcome in the criminal case. That might mean a plea to a reduced charge, probation instead of jail time, a deferred adjudication. Those outcomes can look like wins in state court. Under federal immigration law, they can still be convictions with full deportation consequences.


A domestic violence misdemeanor in Texas. A drug possession charge that resulted in probation. A DUI where someone was injured. These are not abstract legal categories. These are the kinds of cases that land people in immigration court.


And because criminal defense attorneys are not always immigration attorneys, they do not always know, or warn their client, that the plea they are recommending has immigration consequences. By the time the client finds out, the conviction is already on the record. USCIS and immigration enforcement can see it. What happened in state court does not disappear from the federal record.


If you are a green card holder and you are facing any criminal charge, you need an immigration attorney involved before anything is resolved in criminal court. Not after. Before. Because the decisions made in that criminal proceeding will follow you into any future immigration matter.


What Happens When a Green Card Holder Is Placed in Removal Proceedings

When immigration authorities determine that a green card holder has committed a deportable offense, they issue a Notice to Appear. That document places the person in removal proceedings before an immigration judge.


At that point, the question is no longer whether you have a green card. The question is whether you can keep it.


The options available at this stage depend entirely on the nature of the conviction. Some convictions trigger mandatory detention, meaning the person is held while the case is pending. Some convictions eliminate most or all forms of relief. A green card holder convicted of an aggravated felony, for example, is barred from almost every form of relief the immigration courts can offer. The path from that point to deportation is short.


For people who have not been convicted of an aggravated felony, one option may remain: cancellation of removal for lawful permanent residents, filed on Form EOIR-42A.



What EOIR Form 42A Cancellation of Removal Actually Is

Cancellation of removal for lawful permanent residents is a form of relief that allows a green card holder in removal proceedings to ask an immigration judge to cancel the removal order and allow them to keep their permanent resident status.


It is not automatic. It is not a right. It is a request for discretionary relief, meaning the judge has to be persuaded that you deserve to stay.

To even file the application, you have to meet three statutory requirements.


First, you must have been a lawful permanent resident for at least five years at the time you file. Not five years in the country. Five years as a green card holder.


Second, you must have resided continuously in the United States for at least seven years after being admitted in any immigration status. This seven-year clock can start before you got your green card, as long as you were admitted lawfully. But the clock stops when you are served with a Notice to Appear, or when you commit certain offenses. That stopping point, called the stop-time rule, matters enormously. If the government can show the clock stopped before you hit seven years, you do not qualify.


Third, you must not have been convicted of an aggravated felony. This is an absolute bar. If you have an aggravated felony conviction, you are not eligible for cancellation of removal under any circumstances. There is no waiver. There is no discretion. The door is closed.


What Counts as an Aggravated Felony Under Immigration Law

This is where people are often surprised, and the surprise is not usually pleasant.


The definition of aggravated felony under federal immigration law is not the same as the definition under state criminal law. The immigration definition is broader and covers a wider range of conduct than most people expect.


Under the Immigration and Nationality Act, aggravated felonies include murder, rape, drug trafficking, firearms trafficking, sexual abuse of a minor, money laundering, fraud or tax evasion involving more than ten thousand dollars in losses, and theft or violent crimes where a sentence of one year or more was imposed, even if the sentence was suspended and the person never served a day in jail.


That last point is the one that catches the most people off guard. A sentence of one year, even if fully suspended, even if the person served no time, can qualify the offense as an aggravated felony under immigration law. What the criminal court did with the sentence is not the test. What the sentence was is the test.


The Crimes That Most Commonly Bring Green Card Holders Into Removal

Based on what I see in practice, the convictions that most frequently put green card holders in removal proceedings are drug offenses, domestic violence convictions, and crimes of moral turpitude.


Drug offenses are particularly unforgiving under immigration law. Almost any drug conviction, other than a single offense for possession of thirty grams or less of marijuana for personal use, can make a green card holder deportable. Drug trafficking convictions are aggravated felonies and close the door to cancellation entirely. Even a simple possession conviction for other substances can trigger removal proceedings.


Domestic violence convictions are their own category under the Immigration and Nationality Act. A domestic violence conviction can make a green card holder deportable whether or not it would be considered an aggravated felony by any other measure. And the immigration definition of domestic violence is broad, covering not just physical violence but conduct that involves threats or fear of harm in a qualifying domestic relationship.


Crimes of moral turpitude are harder to define because the term is not precisely defined anywhere in the statute. Courts have interpreted it to cover crimes involving fraud, dishonesty, theft, and intent to harm. A single crime of moral turpitude committed within five years of admission and carrying a potential sentence of one year or more can be a basis for removal. Two or more crimes of moral turpitude at any point can be a basis for removal.


If You Qualify to Apply, You Still Have to Win

Getting past the eligibility requirements for cancellation of removal does not mean you win the case. It means you are allowed to ask.

Once the application is filed, the case goes to a merits hearing before an immigration judge. The applicant testifies. Witnesses testify. Evidence is presented. The judge weighs positive factors against negative factors and makes a discretionary decision.


Positive factors include length of residence in the United States, family ties to U.S. citizens and permanent residents, employment history, community involvement, evidence of rehabilitation, and hardship to family members if the person is removed.


Negative factors include the criminal conviction itself, the circumstances of the offense, whether there are additional violations, and whether the person has shown genuine accountability for what happened.


The judge is looking at the whole picture. A conviction that falls short of an aggravated felony does not mean cancellation will be granted. It means cancellation can be considered. The outcome depends on the strength of what is presented and how the judge weighs it.


The Hardship Standard

One thing that comes up in every cancellation case is hardship. Cancellation of removal is partly about the person facing removal, but it is also heavily focused on the impact on their family.


The law asks whether removal would result in exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child. That language, exceptional and extremely unusual, sets a high bar deliberately. Hardship is expected in any case where a family member is deported. The question is whether the hardship in this specific case goes significantly beyond that baseline.


This is where the case is often built or lost. Documenting a child's medical needs, a spouse's dependence, a parent's circumstances, the education and life disruption that removal would cause. These are facts that have to be developed, supported with evidence, and presented persuasively to the judge.


What Happens If Cancellation Is Denied

If the immigration judge denies the application, the person has thirty days to appeal to the Board of Immigration Appeals. An appeal that is filed on time generally stays the removal order while the appeal is pending. Common grounds for appeal include failure to properly consider evidence, incorrect application of the law, and changed circumstances.


If the Board of Immigration Appeals denies the appeal, the case may be appealed to a federal circuit court, though the grounds for federal court review in immigration cases are limited.


If all appeals are exhausted and relief is denied, the removal order becomes final and the person is subject to deportation.


Act Immediately When a Notice Arrives

One thing people do not fully grasp until they are holding one of these documents is how little time they have.


A Notice to Appear starts the removal proceedings clock. Response deadlines on immigration notices can be as short as thirty days. Thirty days to retain an attorney, pull documentation, and file a legal response. Miss that window and a removal order can be entered without you ever having the chance to present your case.


The moment a notice arrives, the clock is already running. Not when you decide to take it seriously. From the date on that document. Call an attorney the same day.


Protecting Your Status Means Not Giving Anyone a Reason to Question It

I am going to say something direct here because I think people need to hear it.


I see a lot of preventable situations in my practice. Not just the serious convictions that trigger removal proceedings. The smaller things too. The decisions people make without thinking through the immigration consequences. The risks people take because they assume their green card protects them from everything or because they did not realize a particular thing was a problem.


It is not stupidity. It is not bad character. It is a lack of information. And that is fixable. But it has to be fixed before something goes wrong, not after.

So here is what I want green card holders to take seriously.


Do not travel outside the United States after a criminal conviction without talking to an immigration attorney first. Some convictions that would not trigger removal inside the country become grounds for denial at the border when you try to return. Green card or not.


Do not assume that because something was handled in state court it does not exist for immigration purposes. It exists. USCIS and immigration enforcement have access to criminal records. Old charges, dismissed cases, deferred adjudications, things that felt like they were taken care of years ago can surface in an immigration review.


Do not file anything with USCIS, whether it is a naturalization application, a travel document, or anything else, without knowing whether something in your history could create a problem. Some applications require you to disclose your full criminal history. Filing without understanding how that history will be evaluated can turn a routine application into a removal case.


Do not overstay travel outside the country. Accruing unlawful presence as a green card holder after a trip abroad creates a different set of complications than people expect.


And if someone in your household, a spouse, a child, a family member, is facing a criminal matter, understand that immigration is part of that picture even if their name is not the one on the notice.


The clients I can help the most are the ones who come to me before there is a crisis. We can talk through their specific situation, identify any risks in their record or circumstances, and make a plan that keeps them protected. That conversation costs fifty dollars and an hour of your time.


The clients I wish I had seen sooner are the ones who come in holding a notice with a thirty-day deadline and a conviction on their record that nobody flagged when it happened.


I am not here to judge the decisions people made before they knew better. I am here to make sure they know better going forward.


If You Are a Green Card Holder Reading This

If you or someone in your family is a lawful permanent resident and you are facing a criminal charge of any kind, please talk to an immigration attorney before anything is resolved in criminal court.


If you have already been convicted and you have received a Notice to Appear, call us. The deadline in that document is real. What happens early in removal proceedings affects what is available later. An attorney needs to look at your case while there is still time to build a defense.


If you have a conviction on your record and you have not yet received any immigration notices but you are worried about what it means for your status, a consultation is the right first step. Knowing where you stand now is better than finding out when it is already an emergency.


About the Author

Arzoo R. Connor is a licensed immigration and estate planning attorney and the founding attorney of ARC Legal Services in Fort Worth, Texas. She came to this country as a child and has spent her career helping immigrant families understand and protect their legal status.


She handles removal defense, family-based immigration, adjustment of status, naturalization, and estate planning for clients across the DFW area. To schedule a consultation, please call 469-200-0158.


By Arzoo Connor August 1, 2026
Green card holders face different estate tax rules than US citizens, and the gap between what a citizen's family pays and what a noncitizen's family pays can be significant.
By Arzoo Connor July 30, 2026
I-130 family petitions are currently taking close to two years to be approved by USCIS.
By Arzoo Connor July 27, 2026
If you miss your immigration court hearing, the judge will almost certainly issue an in absentia order of removal. That means you are ordered deported without being present, without being heard, and often without knowing it happened until ICE comes to your door or you try to travel and find out at the border. This is one of the most common ways people lose cases that could have gone differently. I see it in Dallas immigration court regularly. Someone got a notice to appear, life got in the way, they thought they could reschedule, or they never received the notice at all because it went to an old address. The hearing happened without them. The order was issued. Now they are asking me what can be done. What an in absentia removal order means for your case An in absentia removal order is a formal order of deportation entered by an immigration judge when a respondent fails to appear. Once it is issued, you are subject to removal from the United States. If you have any pending applications or relief that you had not yet presented to the court, those matters are not automatically preserved. The order treats your failure to appear as a waiver of your right to be heard. The order also creates a ten-year bar on most forms of discretionary relief and makes it significantly harder to reopen your case, though not impossible in every situation. Can an in absentia order be reopened? Yes, in certain circumstances. You can file a motion to reopen an in absentia removal order if you can demonstrate that you did not receive proper notice of the hearing, or if you can show that exceptional circumstances caused your failure to appear. Exceptional circumstances under immigration law means something serious and beyond your control, not a scheduling conflict or a misunderstanding about the date. In immigration courts right now, judges are scrutinizing motions to reopen carefully. The standard for what qualifies as exceptional circumstances is applied strictly. A credible showing that notice was not properly received carries more weight than an argument that you forgot or were confused about the date. There are also deadlines. A motion to reopen based on lack of notice must generally be filed within a reasonable time. A motion based on exceptional circumstances must be filed within 180 days of the order. These deadlines matter and missing them closes additional doors. What if you never received notice of the hearing? Notice issues are more common than people realize. If the address on file with the immigration court was incorrect, if the notice was sent to an old address you had not updated, or if there is a documented problem with the notice that was sent, you may have grounds to reopen the case. Courts do look at whether notice was properly given before holding someone responsible for failing to appear. If you received a notice to appear that listed a time or date as TBD or to be determined, there is ongoing litigation about whether a subsequent notice sent to the address on file constitutes proper notice. This area of law has shifted in recent years and it is worth discussing with an attorney who practices in your specific immigration court. What to do right now if you have a missed hearing If you missed a hearing and you know an order may have been entered, do not wait to find out. Contact an immigration attorney as soon as possible. The sooner you act, the more options exist. Every day that passes after an in absentia order closes windows that may not reopen. If you are not sure whether an order was entered, you can check the status of your case on the EOIR website using your alien registration number. Your attorney can also pull the case record and determine what happened and when. If you have a hearing coming up and you are afraid to go, I understand that fear. But not going is almost always the worst outcome. An immigration judge who sees you show up, present your case, and engage with the process has the ability to exercise discretion. A judge who sees an empty chair does not.  If you have a missed hearing or an upcoming court date you are not sure how to handle, call us. Attorney Arzoo Connor ARC Legal Services | Fort Worth, TX | Hablamos Español 469-200-0158 | www.arclawoffice.com This post is for general informational purposes only and is not legal advice. Immigration law is complex and every case is different. Please consult a qualified attorney about your individual situation.
By Arzoo Connor July 14, 2026
If a parent is detained or deported in Texas, the documents that protect your family are a financial power of attorney, a medical power of attorney, and a legal designation covering your minor children. Without these in place, the people who want to help your family may have no legal authority to do so, even if they are immediate family members. I practice immigration law and estate planning. I see both sides of what happens when a parent is detained without warning. The immigration side is what people call me for. The other side is the part nobody plans for. Who pays rent? Who can access the bank account? Who has legal standing to pick the children up from school, consent to a medical procedure, or make decisions when you cannot? Courts can eventually resolve all of these things. But court proceedings take time and money, and in the middle of a family crisis that is exactly the wrong moment to start a legal process to establish basic authority over your own household. What a financial power of attorney does for an immigrant family A financial power of attorney authorizes a person you trust to manage your accounts, pay your bills, handle your property, and make financial decisions if you are unavailable. If you are detained, someone still needs to pay rent. Someone still needs to handle your car payment. Someone still needs money for your children's food, school supplies, and medical appointments. Without this document, the people who love you and want to help have no legal standing to touch any of it, no matter how close they are to you. In Texas, a durable power of attorney remains in effect even if you are incapacitated or unavailable, which is exactly what you need for a detention scenario. A regular power of attorney can lapse. A durable one does not. This distinction matters and it is the version you want. What a medical power of attorney covers A medical power of attorney authorizes someone to make healthcare decisions for you if you cannot make them yourself. If you are detained and a medical situation arises, this document determines who speaks for you and what decisions they can make. Without it, healthcare providers are limited in what information they can share and what decisions family members can authorize, even in an emergency. The documents that protect your children specifically For parents, Texas law provides two additional tools that matter most in an enforcement scenario. The first is a designation of guardian for minor children, which is your written statement of who should care for your children if you are unable to do so. The second is what Texas calls an authorization agreement for nonparent relative care, which gives a relative or trusted adult specific legal authority to enroll your children in school, consent to their medical care, and make day-to-day decisions without going to court. Schools require documentation. Hospitals require documentation. An aunt or grandmother saying the parent is detained is not enough without legal paperwork behind it. I have seen families where children missed weeks of school and medical appointments because the adults who wanted to help could not get past the front desk of the school or the admissions desk at the clinic without documentation the family did not have. What I have seen happen without a plan I have seen families get through the immigration part of a crisis and then face months of chaos on the other side. The parent got through detention. The underlying immigration situation stabilized. And they came back to a family that had lost a vehicle to repossession, fallen behind on rent, missed medical appointments for children with ongoing conditions, and had a landlord who had started eviction proceedings because nobody had authority to handle the finances. The immigration case was the part they had thought about. The rest caught them completely off guard. A simple packet of documents, prepared ahead of time with an attorney, prevents all of that. Who to name and what they need to know Name someone stable. Someone nearby. Someone without legal complications of their own that might limit their ability to act. Name an alternate in case your first choice is unavailable. And before anything happens, have a real conversation with the person you are naming so they know where to find the documents and what to do with them.  Put together a written letter with the names and phone numbers of your attorney, your children's school, your doctor, your landlord, and the location of your important documents including your passport, immigration paperwork, lease, and bank account information. Give a copy to the person you trust. Keep a copy somewhere accessible. This is not a legal document but it is the thing that holds everything else together when someone is trying to help you under pressure. A note on why immigrant families in Texas specifically need this Every family should have these documents. For immigrant families in Fort Worth and the DFW area in 2026, the urgency is higher because the consequences of not having them are more immediate. This is not about assuming the worst. Not planning does not prevent something from happening. It only guarantees that if it does happen, your family is less protected than they could have been. I handle both immigration and estate planning at this office, which means I understand your full situation. If you have been putting this off, stop putting it off. Attorney Arzoo Connor ARC Legal Services | Fort Worth, TX | Hablamos Español 469-200-0158 | www.arclawoffice.com This post is for general informational purposes only and is not legal advice. Immigration law is complex and every case is different. Please consult a qualified attorney about your individual situation.
By Arzoo Connor July 14, 2026
If you have a pending U visa, T visa, or VAWA application, a federal court ruled on May 20, 2026 that ICE cannot routinely arrest, detain, or deport you while your case is pending. The ruling came in a case called ICWC v. Noem, and it restored protections that had been in place for over thirty years before the Trump administration reversed them in January 2025. I have clients with pending cases in all three of these categories. I want to explain what this ruling actually does, what it does not do, and what it means for you if you are sitting in Fort Worth right now wondering whether it is safe to go to your USCIS appointment. What changed in January 2025 and why it mattered For over three decades, ICE operated under a practice of not pursuing enforcement against people with pending U visa, T visa, or VAWA applications. This was not a loophole. Congress created these programs specifically to encourage crime victims to come forward, cooperate with law enforcement, and seek protection. A U visa only works if the person who reported a crime and filed for protection can actually go to their USCIS appointments without being arrested on the way in. In January 2025, the Trump administration issued guidance known as the Vitello Memo that reversed this. Under the new policy, having a pending application no longer protected you from arrest, detention, or deportation. ICE could treat your case as though it did not exist. One of the named plaintiffs in the ICWC lawsuit is a woman named Carmen. She survived domestic violence, reported her husband, and filed for a U visa. ICE detained her and her young child at a scheduled check-in and deported them. When she landed in her home country, her abuser was waiting at the airport. The court ordered the government to facilitate her return to the United States. That is the policy the court blocked. What the court actually did The U.S. District Court for the Central District of California issued a preliminary injunction and certified three nationwide classes of people protected by the ruling. The first class covers people with pending U visa, T visa, or VAWA self-petitions who ICE detains or attempts to detain for civil immigration enforcement. The second covers people who were granted deferred action based on a pending U or T visa petition and who ICE detained or removed without notice or a hearing. The third covers people with a pending U or T visa petition who have been detained and requested a stay of removal. The court restored the victim-centered enforcement approach that existed before January 2025, directing ICE to return to the framework that disfavors detention and removal of survivors with pending cases. It also ordered the government to facilitate the return of named plaintiffs who were unlawfully deported while this case was pending. What this ruling does not do This is a preliminary injunction, not a final ruling. The case is still ongoing and the government may appeal. Courts can modify injunctions. The legal landscape can shift again. If you have a pending case and you have an upcoming ICE check-in, court date, or biometrics appointment in the DFW area or anywhere else, please speak with an immigration attorney before you go. This ruling changes your position meaningfully but it does not eliminate all risk in every situation. The difference between a U visa, T visa, and VAWA petition I get asked about the difference between these three constantly, so let me explain them plainly. The U visa is for noncitizens who have been victims of certain serious crimes and who have cooperated or are willing to cooperate with law enforcement investigating or prosecuting that crime. The list of qualifying crimes includes assault, domestic violence, sexual assault, trafficking, kidnapping, and others. You do not have to have been the person who called 911. You have to have been harmed and be willing to help. The T visa is specifically for survivors of human trafficking, both sex trafficking and labor trafficking. It requires that you comply with reasonable law enforcement requests and that you would face extreme hardship if removed from the United States. Given what trafficking survivors have been through, this standard is generally met. VAWA, which stands for the Violence Against Women Act, allows noncitizens who have been abused by a US citizen or lawful permanent resident spouse, parent, or adult child to file for immigration protection on their own. Without the abuser knowing. Without their cooperation. Without their involvement in any way. It was built specifically so that the threat of deportation could never be used to trap someone in an abusive relationship. All three programs are protected under this ruling. All three are cases I handle at this office. What to do based on where your case stands If you have a pending U visa, T visa, or VAWA petition and you are in removal proceedings or have an upcoming enforcement encounter, contact an immigration attorney before you do anything. The class certification in this case means you have legal protections, but those protections need to be properly invoked and documented in your specific case. They do not apply automatically without anyone knowing about them. If you were detained or deported while your application was pending, contact an attorney immediately. The court ordered the government to address those situations and there may be a path to return. If you have been thinking about filing but have been afraid to because of what might happen, this ruling does not erase every risk. But these programs exist because you came forward. The court has now said the government cannot use that against you. You should not be making this decision alone. Our office handles U visa, T visa, and VAWA cases. A consultation is $50. Call us. Attorney Arzoo Connor ARC Legal Services | Fort Worth, TX | Hablamos Español 469-200-0158 | www.arclawoffice.com This post is for general informational purposes only and is not legal advice. Immigration law is complex and every case is different. Please consult a qualified attorney about your individual situation.
By Arzoo Connor June 30, 2026
On June 30, 2026, the United States Supreme Court ruled 6-3 to uphold birthright citizenship, striking down President Trump's January 2025 executive order that attempted to end automatic citizenship for children born in the United States to parents who are undocumented or here on temporary visas. For immigrant families across this country, this ruling matters enormously. For the immigration system as a whole, it is one piece of a much larger and still very uncertain picture. This post will walk through exactly what happened, what it means for families and children, what it does not change, and what you should actually do right now depending on your situation. What Is Birthright Citizenship and Why Was It Under Threat? Birthright citizenship is the principle that anyone born on United States soil is automatically a US citizen, regardless of the immigration status of their parents. This right is grounded in the Fourteenth Amendment to the Constitution, ratified in 1868, which states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." For over 150 years this has been settled law. The Supreme Court first affirmed it in 1898 in United States v. Wong Kim Ark, ruling that a child born in San Francisco to Chinese parents was a US citizen by birth. That precedent has held ever since. In January 2025, President Trump signed an executive order on his first day back in office directing federal agencies to no longer recognize birthright citizenship for children born to parents who are in the country unlawfully or on temporary visas. The order was immediately challenged in courts across the country, and lower courts blocked it from taking effect. Today, the Supreme Court put the question to rest. Chief Justice John Roberts wrote the majority opinion. Six justices rejected the executive order. The Fourteenth Amendment means what it has always meant. What Was Actually At Stake: The Real-World Impact for Families This was not an abstract constitutional debate. The stakes were concrete and life-altering for hundreds of thousands of people. Approximately 250,000 babies are born every year in the United States to parents without permanent immigration status. If the executive order had been upheld and allowed to take effect, those children would not have automatically received US citizenship. The implications of that are severe: No US birth certificate recognized for citizenship purposes. The document every American uses to get a passport, enroll in school, apply for a job, or prove their identity would no longer have been sufficient. No Social Security number at birth. Access to government programs, healthcare, and employment would have been significantly complicated from day one of a child's life. Potential statelessness. In some cases, children could have ended up without recognized citizenship in any country — their parents' home country might not grant automatic citizenship either, leaving a child in legal limbo with no nationality at all. Generational consequences. Citizenship at birth affects not just the child but their future ability to sponsor family members, vote, serve, and fully participate in American life. For my clients who are pregnant or planning families, and for the families who have sat across from me terrified about what this ruling might mean for their children, today is genuinely good news. Children born in the United States are citizens. That is protected. What the Ruling Does Not Change This is where I have to be honest about the limits of today's win. The Supreme Court's ruling protects what happens the moment a child is born on US soil. It does not touch anything happening to people who are already here navigating the immigration system. In the same term, this Supreme Court issued three other immigration rulings that went the other way entirely: Temporary Protected Status stripped for Haitians and Syrians. On June 25, 2026 the Court ruled 6-3 in Mullin v. Doe that federal courts cannot review the Department of Homeland Security's decision to end TPS designations. That means DHS has unchecked power to terminate protections for any country, and there is no judicial recourse. Roughly 350,000 Haitians and 6,000 Syrians are immediately affected. Nearly 1.3 million people held TPS across 13 countries before the current administration began ending those designations. All of them are now more vulnerable. People who have lived here legally for decades, raised US citizen children, built businesses, and held jobs in healthcare, construction, and education can now be deported with no avenue left to challenge it in court. Green card holders and suspicion of crime. On June 23, 2026 the Court ruled 6-3 in Blanche v. Lau that border officers do not need clear and convincing evidence that a returning lawful permanent resident committed a crime before treating them as someone applying for admission rather than someone already admitted. Suspicion alone is now enough to begin deportation proceedings against a green card holder at the border. Asylum seekers at the border. Also on June 25, 2026 the Court ruled 6-3 that the government can physically turn back asylum seekers before they reach US soil. If you never cross, you have no right to make an asylum claim at all. Beyond the Supreme Court, USCIS issued a new policy memo earlier this month raising the standard for Adjustment of Status — the process of applying for a green card from inside the United States. Proving you qualify is no longer enough. Officers are now scrutinizing why you filed from inside the country instead of going through a consulate abroad, and the evidence required is significantly more substantial than it was just weeks ago. Immigration courts are simultaneously scheduling what attorneys are calling "mega master" hearings — mass calendar hearings with 100 or more people at a time — pulling forward cases that were set for 2027, 2028, and 2029. People are missing hearings they did not know were rescheduled. A missed hearing can result in a removal order issued in your absence. Four Supreme Court immigration rulings in one term. A new USCIS policy memo. Accelerated court dockets. The youngest amongst us were protected today. Everyone else in the immigration system is navigating a landscape shifting faster than most people realize. What You Should Do Based on Your Situation If you were worried about your child's citizenship status: You can let that specific fear go. Any child born on US soil is a US citizen under the Fourteenth Amendment and today's ruling confirms that protection is intact. If you have a pending green card application or are thinking about filing: Do not file on your own right now. The standards changed this month. What was the right strategy last month may not be the right strategy today. Talk to an immigration attorney who understands how cases are actually being reviewed under the new USCIS memo before you do anything. If you have a pending immigration court case: Log into your EOIR account today and confirm your hearing date. Do not assume it is still what it was when you last checked. Courts are rescheduling cases with little notice, and a missed hearing has serious consequences. If you have a green card and any criminal history: Do not travel internationally without speaking to an attorney first. The legal landscape around what can happen to a lawful permanent resident at the border changed with this month's Supreme Court ruling on immigration parole. If you are outside the US and trying to seek asylum: The path just got significantly harder following the Supreme Court's ruling earlier this month on border metering. Speak with an attorney about your options before making any decisions. If you have Temporary Protected Status from Haiti, Syria, or another country: The Supreme Court ruled that courts cannot review DHS's decision to end TPS designations. That means the legal fight in the courts is largely over. If you have TPS, speak with an attorney now about whether any other pathways exist for your situation — family-based options, asylum, or other forms of relief — before your status expires. Frequently Asked Questions About the Birthright Citizenship Ruling Does the Supreme Court's birthright citizenship ruling affect my green card or immigration case? No. This ruling applies only to citizenship for babies born on US soil. It does not change green card adjudication, asylum proceedings, TPS status, immigration court cases, or enforcement policies. I have Temporary Protected Status. Does today's birthright citizenship ruling help me? No. The birthright citizenship ruling is separate from the TPS ruling issued on June 25, which gave DHS unchecked power to end TPS designations without court review. Those are two distinct rulings. If you have TPS, reach out to an attorney to understand your options. Is birthright citizenship permanently protected now? This ruling reaffirms over 150 years of constitutional precedent under the Fourteenth Amendment. It cannot be changed by executive order. Any future change would require a constitutional amendment, which is an extremely high bar. My child was born in the US and I am undocumented. Is my child still a citizen? Yes. Under the Fourteenth Amendment and today's ruling, your child is a US citizen by birth regardless of your immigration status. Can the president issue another executive order on birthright citizenship? Today's ruling makes clear that birthright citizenship is a constitutional right, not a policy that can be changed by executive action. A new executive order on the same grounds would face the same legal outcome. What does this ruling mean for my own immigration status as a parent? It does not change your status. Your child being a US citizen does not automatically confer any immigration benefit to you as a parent, though it may be a relevant factor in future immigration proceedings. Speak with an attorney about your specific situation.  A Note From Our Office Immigration law is moving faster right now than at almost any point in recent history. We post updates like this because we believe people deserve to understand what is actually happening, not just hear that something happened. If you have questions about how any of this affects your specific situation, reach out to us directly. We are here, and we will give you honest guidance. Attorney Arzoo Connor ARC Legal Services Fort Worth, TX | Hablamos Español 📞 469-200-0158 🌐 www.arclawoffice.com This blog post is for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult a qualified immigration attorney regarding your individual situation before taking any action.
By Arzoo Connor June 26, 2026
The government wants to raise the citizenship application fee by 75 percent and end the reduced fees and waivers that make it affordable. The new price isn't in effect yet, which is exactly why your timing matters right now.
By Arzoo Connor June 24, 2026
Texas SB4 is in effect as of June 2026. Learn what the law does, who it reaches, your rights if you are stopped, and how to get your family ready today.
By Arzoo Connor June 12, 2026
Immigration courts are pulling cases forward by years with little to no warning. Missing your hearing, for any reason, can end your case in a removal order.
By Arzoo Connor June 9, 2026
Overstaying a visa and marrying a U.S. citizen does not automatically lead to a green card. An immigration attorney explains the unlawful presence bars, adjustment of status options, and how a new 2026 USCIS memo changes the picture.