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Can a lawful permanent resident be detained by ICE for immigration violations without a criminal conviction?
Executive Summary
A lawful permanent resident (LPR, “green card” holder) can be detained by U.S. Immigration and Customs Enforcement (ICE) for alleged immigration violations even in the absence of a criminal conviction; federal immigration law and current enforcement practices allow civil detention based on statutory grounds such as removability, prior charges, or immigration violations rather than only criminal convictions. Recent government data and reporting show a substantial fraction of people in ICE custody had no criminal convictions, and legal pathways exist for LPRs to contest detention and removal before immigration judges, but detention can occur at ports of entry or upon interaction with immigration authorities prior to adjudication [1] [2] [3].
1. Why the Numbers Matter: Detention Without Conviction Is Common and Growing
Government reporting and investigative coverage indicate that a large share of ICE detainees lack criminal convictions, with multiple datasets and articles in 2025 reporting that non-criminal immigrants constitute a growing portion of the detained population; one dataset cited that roughly 65–71.5% of detainees had no criminal conviction, and another reported 16,523 people with no criminal record in detention as of late September 2025 [4] [1] [2]. These figures reflect ICE custody at a point in time and do not by themselves identify immigration status, but follow-up reporting and case examples demonstrate that lawful permanent residents are among those detained under civil immigration authorities. The key legal distinction is that immigration detention is civil, not criminal, so absence of a criminal conviction does not preclude detention for removability or immigration violations. This trend has spurred calls for clearer public reporting and legal safeguards from immigrant-rights groups and scrutiny from oversight bodies [4] [2].
2. The Law: Statutory Grounds Let ICE Detain LPRs Without a Criminal Conviction
Federal immigration statutes set out multiple grounds for removal that do not require a criminal conviction, and ICE has authority to detain individuals charged with removability. Grounds include fraud or misrepresentation in obtaining status, certain administrative violations, prolonged absence triggering abandonment, and other statutory bars—any of which can make an LPR removable and subject to detention. Legal summaries and practice guides emphasize that an LPR may be served a notice to appear, detained, and placed in removal proceedings even if no criminal conviction exists; the government must prove its case in immigration court, and the individual retains rights to counsel and to seek relief or bond depending on the circumstances [5] [3] [6]. These sources underline that detention is an administrative mechanism to ensure appearance at proceedings or effectuate removal, distinct from criminal incarceration.
3. Real Cases: Reported Incidents Show LPRs and Noncriminals in ICE Custody
Reporting in 2025 included named cases of lawful permanent residents and noncitizens with no criminal convictions who were detained, illustrating how policy and enforcement decisions play out in practice; examples include individual detentions of green card holders and visa holders that drew public attention and legal challenges [7] [8]. These case reports show enforcement can be triggered by activities outside the criminal system—administrative findings, alleged fraud, prior immigration history, or encounters at ports of entry—leading to detention while removal claims are adjudicated. Coverage also documents divergent responses from advocacy groups and government spokespeople: advocates highlight civil liberties and due process concerns, while officials point to statutory duties to enforce immigration laws and public-safety screening procedures.
4. Procedural Protections and Limits: Rights, Hearings, and Burdens
Even when detained, an LPR has procedural avenues: the right to a removal hearing before an immigration judge, to legal counsel (at the individual's expense), and to present defenses such as cancellation of removal or applications to reopen. Sources outline that only an immigration judge or the Department of Homeland Security can formally terminate or execute removal; moreover, bond eligibility and standards can vary—some removable LPRs may be eligible for bond or parole, while others, particularly those charged under specific statutory bars, may face mandatory detention regimes [3] [6]. Practitioners stress that outcomes hinge on case specifics, evidentiary proofs, and timely legal advocacy, underscoring the distinction between detention as a civil enforcement tool and the substantive process to revoke or sustain immigration status.
5. Competing Narratives and What’s Missing From the Public Record
Coverage and government data present competing emphases: advocates emphasize the high share of detainees without convictions and call for transparency and reform, while enforcement agencies stress statutory authority and public-safety screening; both frames are supported by the available data but leave gaps. Public datasets often lump different immigration statuses together, obscuring how many detainees are LPRs specifically, and reporting periods differ across sources [1] [2] [4]. The most important missing elements are consistent national reporting on detention by legal status, disaggregated reasons for detention, and timelines for adjudication; without those, policy debates rely on partial snapshots rather than a complete empirical portrait, making it harder to evaluate proportionality, due process, and operational alternatives.