Statement by Islamabad High Court Regarding Justice Babar Sattar's Residency Status

The Islamabad High Court recently released a statement clarifying the residency status of one of its judges, Justice Babar Sattar. Contrary to some assumptions, Justice Sattar is a permanent resident of the United States, not a citizen. The statement further revealed that his status as a permanent resident, commonly known as a green card holder, stemmed from his employment at a law firm in New York, where he was recognized for his 'extraordinary ability'.

The aftermath of this clarification has seen an escalation in the scrutiny surrounding Justice Sattar's position. Notably, journalist Gharidah Farooqui, recipient of the Tamgha-e-Imitaz award, took to Twitter to assert that the statement from the Islamabad High Court implicitly indicates Justice Sattar's allegiance to the US. She emphasized the legal obligation for US citizens to not only obey its laws but also express loyalty to the country. Farooqui extended her argument by questioning why judges, unlike politicians who are prohibited from holding dual citizenship, are not subjected to similar standards.

This situation prompts an examination of the distinction between citizenship and permanent residency (Green Card), particularly concerning loyalty to a state.

Understanding the Green Card: Rights and Responsibilities

A green card, formally known as a Permanent Resident Card, grants individuals the privilege to reside and work permanently in the United States. As outlined by the United States Citizen and Immigration Service (USCIS), there are distinct categories through which one can obtain this card: Employment-Based Immigrants, Family Preference Immigrants, and Immediate Relatives of U.S. Citizens.

Upon acquisition, the green card affords several rights:

1. Permanent Residence: Live indefinitely in the United States, provided no actions violating immigration law are committed.

2. Employment: Engage in legal work of one's qualification and preference within the United States.

3. Legal Protection: Enjoy the protection of all laws at federal, state, and local levels.

However, along with these rights, come certain responsibilities:

1. Compliance with Laws: Adherence to all federal, state, and local regulations.

2. Tax Obligations: Fulfillment of income tax obligations by filing returns and reporting income to relevant authorities.

3. Support for Government: Pledge to support the democratic form of government, excluding the right to vote.

4. Selective Service Registration: Mandatory registration for males aged 18 through 25, although conscription has not been enacted in over five decades.

It is essential to note that while holding a green card is a significant step towards citizenship, temporary departures from the country exceeding one year require individuals to complete a re-entry form, as recommended by USCIS.

With the understanding that green card holders are subject to U.S. laws but are ineligible for voting rights, we delve into the central inquiry.

Title: Loyalty Requirements for Green Card Holders vs. Naturalized Citizens

Short Answer: No Loyalty Requirement for Green Card Holders

While individuals holding a Green Card are obligated to abide by US laws and fulfill tax obligations, loyalty to the United States is not a mandated requirement. However, naturalized citizens, who enjoy broader rights than Green Card holders, must profess allegiance to the nation as part of their citizenship process.

Naturalization entails attending a formal ceremony during which individuals take the Oath of Allegiance, pledging loyalty to the US Constitution and willingness to defend the nation if called upon. This oath includes renouncing allegiance to any foreign authority previously held.

Thus, while Green Card holders must comply with US laws, their status as permanent residents does not necessitate relinquishing loyalty to their country of origin.

Former Information Minister Murtaza Solangi shared insights on the topic, emphasizing that the Green Card does not grant visa-free travel privileges and provides rights akin to US citizenship, excluding voting and electoral participation. He further noted the requirement for continuous residence in the US to maintain the card, disclosing his personal experience of surrendering his Green Card upon returning to Pakistan.