Permanent residents lost eligibility to own businesses seeking federal loans under a rule taking effect March 1, part of a suite of restrictions reshaping how the United States treats millions of immigrants with legal status but not citizenship.
The Small Business Administration published guidance February 2 stating that only enterprises owned entirely by US citizens or nationals residing in the country can qualify for SBA-backed financing. Green card holders are barred from holding “any percentage interest” in firms applying for such loans, according to the agency’s updated Standard Operating Procedure 50 10 8. The exclusion shuts permanent residents out of a program that has historically helped immigrants launch restaurants, retail stores and service businesses across the country. SBA loans carry government guarantees that reduce lender risk, making credit accessible to entrepreneurs who might not qualify for conventional bank financing.
The agency cited Executive Order 14159, titled “Protecting the American People Against Invasion,” as authority for the change. That directive, issued by the Trump administration, frames immigration enforcement as a national security priority and has been invoked to justify a range of restrictions beyond traditional deportation operations.
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How lenders will verify ownership and whether the rule applies retroactively to existing loans remains unclear. The SBA has not released detailed implementation guidance, leaving businesses and financial institutions uncertain about compliance requirements. The loan restriction arrives alongside two other shifts affecting permanent residents and refugees documented in federal notices and memos over the past three months.
Customs and Border Protection began collecting facial biometrics from all noncitizens entering or leaving the United States in late December under a rule authorizing photography at airports, land crossings, seaports and other checkpoints.
The system, described by the Department of Homeland Security as fulfilling a biometric entry-exit mandate, allows authorities to track travel patterns and flag individuals who overstay visas or violate entry conditions.
CBP said the expanded biometric collection strengthens border security and identity verification. Acting Executive Assistant Commissioner Diane Sabatino described it as a milestone in implementing technology-driven screening across air, land and sea ports.
Privacy advocates have questioned whether the data collection violates protections against warrantless surveillance, though the government maintains that noncitizens crossing borders have reduced expectations of privacy compared to citizens.
A separate DHS memo issued February 18 instructed immigration officers to arrest and detain refugees who fail to appear for mandatory one-year status reviews required as part of the green card application process. Under previous guidance dating to 2010, missing the interview was not considered grounds for detention.
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The new policy allows authorities to hold refugees in custody for the duration of the review, which can take weeks or months depending on case backlogs and security clearances. Refugees admitted to the United States enter on temporary status and must apply to adjust to permanent residency after 12 months.
The memo cancels earlier protections that treated refugees differently from other noncitizens subject to detention during status determinations. Officials have not explained what prompted the shift or how many refugees typically miss their one-year appointments.
Advocacy groups say the policy could discourage refugees from seeking permanent status if they fear arrest upon contact with immigration authorities. Others note that refugees often face language barriers, lack stable housing or move frequently for work, making it difficult to track government correspondence about appointment dates.
Permanent residents hold legal status that allows them to live and work in the United States indefinitely but does not confer citizenship.
They can be deported for certain crimes or violations, and their ability to access federal programs has varied over time based on legislative and administrative decisions.
The restrictions announced in recent weeks suggest the administration views permanent residency as distinct from citizenship in ways that previous governments have not emphasized as sharply. That distinction carries practical consequences for immigrants who have built businesses, raised families and established roots while holding green cards rather than naturalizing.
Whether courts will uphold the SBA loan exclusion or other measures remains uncertain. Legal challenges could argue that permanent residents are entitled to equal protection or that the restrictions exceed executive authority. Past litigation over immigration rules has produced mixed results, with some policies blocked and others allowed to proceed.
Business owners affected by the March 1 deadline have limited options. They could seek citizenship, transfer ownership to US citizen partners, or pursue financing through conventional lenders without SBA backing. Each path carries costs and delays that may not be feasible for enterprises operating on tight margins or needing capital quickly.
The biometric tracking system raises separate questions about data retention and how information collected at borders will be used beyond immediate identity verification. DHS has not specified how long facial scans will be stored or under what circumstances they might be shared with other agencies or foreign governments.
The cumulative effect of the three policy shifts is to narrow the practical distinction between permanent residents and other noncitizens, despite legal differences in their status.
That convergence marks a departure from decades of immigration policy that treated green card holders as a stable, integrated population distinct from temporary visa holders or undocumented immigrants.
How broadly these restrictions will be applied and whether additional measures targeting permanent residents are forthcoming will become clearer in coming months as implementation proceeds and affected individuals navigate the new requirements.