How does ICE detention differ for lawful permanent residents (green card holders) versus undocumented immigrants?
Executive summary
Lawful permanent residents (LPRs, aka green card holders) and undocumented immigrants both can be arrested and held by ICE, but the legal thresholds, statutory grounds for mandatory detention, and real-world risks differ: LPRs are removable only if they fall into specific deportable categories (commonly criminal convictions or fraud), while undocumented immigrants often face detention under broader presumptions of removability and expedited processes; both, however, must navigate immigration courts without government-appointed counsel .
1. Arrest and charging: similar tools, different presumptions
ICE uses the same enforcement mechanisms — arrests, immigration detainers, and Notices to Appear (NTA) — against noncitizens generally, so an LPR and an undocumented person can both be picked up by ICE officers or flagged by local booking systems and detainers [1]. Where they diverge legally is the presumption of removability: ICE treats all "aliens" as subject to arrest under immigration law, but an LPR who has not committed a deportable offense is not properly removable even if detained in error .
2. Grounds for detention and mandatory detention rules
Statute and agency policy create specific mandatory-detention triggers that disproportionately affect LPRs with certain criminal convictions and others "subject to mandatory detention," meaning some LPRs can be held without typical custody discretion when statutory criteria are met . By contrast, many undocumented people are detained because their presence is the statutory predicate for removal; ICE guidance and practice emphasize detention to secure presence for proceedings or removal across noncitizen categories .
3. Procedural pathways: immigration court, expedited removal, and NTAs
Both LPRs and undocumented immigrants generally have the right to request a hearing before an immigration judge once charged through an NTA, but undocumented immigrants — especially recent arrivals or those with limited residence — can be placed into streamlined or expedited removal processes that offer fewer procedural protections [1]. Immigration judges, not ICE, ultimately decide removability, but the backlog and remote detention placements frequently stretch out cases for years for both groups .
4. Custody determinations, bond, and alternatives
ICE custody decisions consider mandatory-detention statutes, public-safety and flight-risk assessments, and resource priorities; ICE also utilizes Alternatives to Detention (ATD) programs to monitor many noncitizens outside jail-like facilities . Practically, LPRs with strong community ties but without disqualifying convictions may be eligible for release or ATD, while undocumented immigrants — especially those without long-term residence or with recent border apprehension — are more likely to be prioritized for detention or placed in expedited channels .
5. Conditions, placement, and access to counsel
Detention conditions and facility placements are not categorized by immigration status; ICE houses detainees in a sprawling network of federal, local, and contracted sites, often remote from counsel and family, which affects both LPRs and undocumented detainees . A critical shared vulnerability is the lack of a right to government-funded lawyers in immigration court: the majority of detainees appear unrepresented, a factor that has led to deportations of people with valid claims and affected both documented and undocumented communities .
6. Outcomes: removal risk and practical consequences
The ultimate risk differs: LPRs face loss of status and potential removal only if they fall into statutorily deportable categories (commonly criminal convictions, fraud, or certain admissions), whereas undocumented immigrants face removal based on unlawful presence or expedited determinations — a distinction that makes legal defenses and relief eligibility pivotal for LPRs but often less available or truncated for those in expedited processes . Both groups, however, can be subject to long detentions and family disruption while seeking relief .
7. Political context, agendas, and enforcement variability
Enforcement priorities, local cooperation with ICE (287(g) agreements, detainer practices), and presidential administration policies shape who is detained and where — meaning statutory differences interact with political choices that can widen or narrow detention exposure for both LPRs and undocumented people . Advocacy organizations and researchers emphasize that lack of counsel and remote detention sites have driven harmful outcomes irrespective of immigration status, an angle underscoring due-process concerns beyond statutory categorizations .