The Islamabad High Court recently had to put out a statement explaining that one of its judges had been a permanent resident of the United States and not a citizen. However, the campaign that led to the question being raised against the judge have only intensified since then.
IHC said that Justice Babar Sattar had worked with a law firm in New York which led him to being recognised as a person of ‘extraordinary ability’ and being given the status of a permanen resident, more commonly known as a green card holder.
Journalist Gharidah Farooqui, who was recently awarded the Tamgha-e-Imitaz, tweeted that the IHC statement had proven that Justice Sattar was a US person and loyal to that country. She added that US law requires every citizen to not only adhere to its laws but also profess loyalty to the country.
She took her statement further by saying that being loyal to another state could lead to conflict of interest and questioned why judges are not subject to the same conditions as politicians, who are not allowed to hold dual citizenship.
In this context, it is worth looking at the difference between citizenship and permanent residence (Green Card) is, especially in terms of loyalty to the state.
According to the United States Citizen and Immigration Service (USCIS) a Permanent Resident Card allows an individual to live and work permanently in the United States.
The procedure to get the card is divided into three different categories: Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, andGreen Card for an Immediate Relative of a U.S. Citizen.
Once awarded, the card gives you the following rights:
Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law
Work in the United States at any legal work of your qualification and choosing.
Be protected by all laws of the United States, your state of residence and local jurisdictions
However, it also subjects you to the following responsibilities:
Required to obey all laws of the United States and localities;
Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities;
Expected to support the democratic form of government (“support” does not include voting. Permanent residents cannot vote in federal, state, or local elections.); and
Required to register with the Selective Service, if you are a male aged 18 through 25.
With the last point, it is worth remembering that the US has not carried out conscriptions in over 50 years.
It should also be noted that being a permanent resident is a step towards citizenship, but USCIS advises people to fill a re-entry form if they are going to leave the country for more than a year.
Now that it is established that being a Green Card holder subjects you to US law but does not give you voting rights, we come to the main question.
Short answer, no.
While you are subject to the US law and will have to adhere to it, permanent residents also have to file taxes and not work against the US government.
However, professing loyalty to the state is a component of becoming a citizen, which gives you more rights than a Green Card would do.
When a person becomes a naturalised citizen, they are required to attend a special ceremony where they take the Oath of Allegiance. People awarded the Green Card do not have to take the oath.
The oath requires citizens to declare that not only will they protect the US Constitution and take up arms if ordered by the government, but it also makes a key statement about loyalty.
“I hereby declare, on oath, that I absolutely and entirely renounce and abjure allallegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whomor which I have heretofore been a subject or citizen,” the oath says.
Therefore, while Green Card holders have a responsibility to follow US laws, merely being a permanent resident will not make a person renounce their loyalty to their home country.
Former Caretaker Information Minsiter Murtaza Solangi also chipped in with his own experience in a post on X.
“No, US Green Card is NOT an instrument for Visa free travel. For travel you get visa. US Green Card gives you the rights of a citizen in the US minus voting and contesting elections,” Solangi wrote.
He added that the card can only be maintained if a person lives permanently in the US. Solanig also revealed that he had held a green card but had returned it to the US embassy after coming back to Pakistan.
