Fact check: Can ICE detain legal permanent residents and visa holders?

1. Summary of the results

Yes, ICE can detain legal permanent residents and visa holders under specific circumstances. This has been demonstrated through multiple documented cases, including:

• Rumeysa Öztürk, a Turkish graduate student with a valid student visa ^{[1] [2]}
• Mahmoud Khalil, a lawful permanent resident ^[2]

The detention can occur particularly at ports of entry and under specific conditions including:

• Criminal convictions
• Extended absences from the US
• Suspected immigration fraud
• National security concerns
• Violations of immigration laws ^[3]

2. Missing context/alternative viewpoints

Several crucial points are missing from the original question:

1. Legal Rights and Protections:

• While ICE has broad powers, these are not absolute and are subject to constitutional protections ^[2]
• Individuals have specific rights during ICE encounters, including:
• Right to remain silent without a warrant
• Right to legal representation
• Constitutional protections ^[4]

2. Recent Policy Changes:

• The current administration's approach appears to be more aggressive than historical norms, even towards green card holders who typically have rights similar to citizens ^[1]
• ICE can detain and deport people who arrived within the past two years, even if they were previously allowed entry during the Biden administration ^[5]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal situation. Important nuances include:

1. Legal Status Distinctions:

• While green card holders have rights "akin to American citizens," these rights are not absolute ^[1]
• ICE has broad powers to arrest "any non-citizen who is in the US without legal permission" ^[6]

2. Practical Recommendations:

The sources advise that individuals should:

• Carry immigration documents
• Remain calm during ICE encounters
• Not sign anything without understanding it ^[4]

This complexity suggests that the simple yes/no nature of the original question doesn't capture the full scope of ICE's authority and its limitations.