What Is Trump’s ‘Gold Card’ Route to Citizenship and How Might It Work?

7 minute read
Updated: | Originally published:

President Donald Trump announced in February that he would be selling a “gold card,” allowing foreign-born potential immigrants a pathway to citizenship for $5 million.

“You have a green card. This is a gold card,” the President told reporters in the Oval Office. “We’re going to be putting a price on that card of about $5 million and that’s going to give you green card privileges, plus it’s going to be a route to citizenship. And wealthy people will be coming into our country by buying this card.”

Now, the website facilitating the sale of the cards could be launched within a matter of days, according to Commerce Secretary Howard Lutnick.

At an Axios Building the Future event in Washington, D.C., on Wednesday, May 21, Lutnick reportedly said that the gold card website—trumpcard.gov—will allow people to register their interest in buying one of the expensive cards.

“Everyone I meet who's not an American is going to want to buy the card if they have the fiscal capacity,” Lutnick said, adding that the card “is for people who can help America pay off its debt.” 

At the time of the gold card scheme’s announcement in February, experts warned that Trump would struggle to roll out the program alone. “A President can't create a visa. That's for Congress to do,” Lori Nessel, a professor at Seton Hall University’s School of Law, told TIME.

The prospect of a gold card system comes as the Trump Administration continues its crackdown on immigration, having committed to enacting the “largest deportation operation” in U.S. history.

Read More: Trump Set to Ratchet Up His Immigration Crackdown During Next 100 Days

Experts have said that the gold card program shows the Administration’s priorities when it comes to immigration.

“To say, on the one hand, we are going to deport everyone in this country who's here without permission and we are going to close down our borders. And then, at the same time, say we're going to dramatically increase the number of people that can come in—if they've got millions of dollars—it's very clear messaging in terms of who's wanted in American society,” said Nessel.

While there are still arguably more questions about the potential gold cards than answers at present, here’s what we know so far.

What is Trump's "gold card" route to citizenship?

Trump’s “gold card” would essentially allow wealthy foreigners to pay their way to American citizenship through a $5 million dollar fee.

The “gold card” would replace the existing EB-5 immigrant investor visa program, which allows foreign investors to apply for lawful permanent residence if they invest in commercial enterprises and plan to create or preserve 10 permanent full-time jobs for U.S. workers, according to USCIS.

While the “gold card” visa may appear similar, experts have warned that EB-5 has guardrails in place to specifically prevent the rich and wealthy from being able to purchase citizenship. “It's not about paying the government millions of dollars to get a visa. It's about showing that you have the capital available to actually improve our economy,” said Nessel.

Even for those who are granted an EB-5, the green card they receive is conditional for two years “specifically, out of concern that it is not just buying your way in,” Nessel explained. “Within 90 days of that two-year period ending, the investor has to document and show that they actually have done what they said they would do, and they are creating jobs in the [U.S.] economy.”

Nessel noted that similar visa programs in other countries have been shut down to a variety of concerns, including money laundering and tax evasion. A program that has drawn comparisons in Spain, which required incoming immigrants to purchase property, closed due to concerns it was making housing unaffordable for locals.

During his first Cabinet meeting on Wednesday, Feb. 26, Trump said there was a “thirst” for the “gold card” visa and touted it as a way to attract entrepreneurs. “Companies can buy gold cards and, in exchange, get those visas to hire new employees,” the President said. “No other country can do this because people don’t want to go to other countries. They want to come here.”

How might Trump's "gold card" work?

It is not clear how Trump’s “gold card” would work. Lutnick said at the Oval Office in February that potential applicants for the “gold card” visa would have to go through a vetting process to ensure they are “wonderful world-class global citizens,” but did not give further details.

When asked by the press whether Russian oligarchs could apply to the program, Trump said: “Possibly. I know some Russian oligarchs who are very nice people.”

The legality of the “gold card” visa has also been a sticking point. The EB-5 program, which the Administration said they were replacing, was created by Congress in 1990. That program allows potential immigrants who invest $1,050,000, or $800,000 in targeted employment areas—meaning rural areas or areas experiencing high unemployment—to apply for a green card, though there are a number of other qualifications applicants have to meet and it can be a rather lengthy process. “The EB-5 program was created by Congress. It's in statute. The President doesn't have the authority to override [that],” Jorge Loweree, the managing director of programs at the American Immigration Council, told TIME in February.

The EB-5 visa has an annual cap of about 10,000 visas a year, or some 7.1% of the 140,000 employment-based visas available every fiscal year, per the State Department.

It's possible that there will be no caps on “gold card” visas like there are for all other visas to the U.S. “200,000 of these gold, green cards is $1 trillion to pay down our debt and that’s why the President is doing it,” Lutnick said during Trump’s first Cabinet meeting. “Because we are going to balance this budget and we are going to pay off the debt under President Trump.” Speaking to Fox News, Lutnick said the number of people waiting for such a visa was even higher, estimating it to be 250,000, though it is not clear where he got that number from.

Lutnick has been a vocal critic of the program. He called it “full of nonsense, make-believe, and fraud,” and referred to it as a “way to get a green card that was low-price.”

How are government officials reacting to Trump's “gold card” proposal?

Some officials were vocal in their criticism of Trump’s proposal. Rep. Ro Khanna of California, a Democrat, said that he thought immigration should follow a merit-based approach, and asked for reform to the H-1B visa, which allows U.S. employers to sponsor foreign-born workers in a specialty occupation.

“We should welcome talented workers to America who will bring their creativity and productivity while also reforming the H1-B program to prevent abuses," Khanna told Newsweek.

Rep. Jake Auchincloss, a Democrat from Massachusetts, also called out Trump’s plan.

“It's typical Trump policy in which he takes a kernel of a legitimately good idea which is that we do need immigration reform… and he takes it to a corrupt and counterproductive place,” he told CNN. “We were talking about having scientists come to America to cure disease and now he takes it to ‘let's have Russian oligarchs here,’ to come to America and play golf with him.”

More Must-Reads from TIME

Contact us at letters@time.com