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Fact check: Can ICE detain legal permanent residents and under what circumstances?

Checked on July 6, 2025

1. Summary of the results

Based on the analyses provided, ICE can indeed detain legal permanent residents under specific circumstances, though the practice appears to be complex and sometimes controversial.

The primary circumstances for detention include:

  • Prior criminal convictions: Legal permanent residents with criminal records can be detained by ICE, as demonstrated in the case of Junior Dioses, who was detained for nearly 50 days despite his attorney arguing that his prior offenses did not justify deportation under immigration law [1].
  • Final orders of removal: ICE can detain legal permanent residents when they have a final order of removal, though the case of Ward Sakeik, a stateless Palestinian woman with a pending green card application, shows the complexity of such situations [2].
  • Reentry issues: There has been increased enforcement of criminal background checks for legal permanent residents reentering the country, leading to detentions and removals, with even single criminal incidents potentially causing problems for green card holders trying to reenter the US [3].

2. Missing context/alternative viewpoints

The analyses reveal several important contextual factors not addressed in the original question:

  • Questionable detention practices: Multiple cases suggest that ICE may be detaining legal permanent residents even when their criminal records may not meet the legal standard for deportable offenses [1].
  • Systemic detention issues: The broader immigration detention system faces significant problems including overcrowding, poor conditions, and lack of access to legal representation [4].
  • Complex legal circumstances: Cases like Ward Sakeik's demonstrate how individuals with unique circumstances, such as being stateless but having pending applications and proof of compliance with immigration policies, can still face detention [2].
  • Recurring pattern: The detention of legal permanent residents appears to be a recurring issue, with families frequently calling for releases, suggesting this is not an isolated practice [5].

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation or bias - it is a straightforward inquiry about ICE's authority to detain legal permanent residents. However, the question's simplicity may not capture the complexity and potential overreach in how this authority is exercised in practice.

The analyses suggest that while ICE has legal authority to detain permanent residents under certain circumstances, there are concerns about:

  • Overreach in enforcement: Cases where individuals are detained despite their offenses potentially not meeting deportation standards [1]
  • Inconsistent application: The variation in how criminal background checks and detention decisions are made during reentry [3]
  • Due process concerns: The broader systemic issues with immigration detention that may affect the fairness of these proceedings [4]
Want to dive deeper?
What are the grounds for ICE to detain a legal permanent resident?
Can legal permanent residents be deported for misdemeanors?
How does ICE determine whether a legal permanent resident is a priority for detention?
What rights do legal permanent residents have during ICE detention?
Can legal permanent residents appeal an ICE detention decision?