What should a lawful permanent resident do if ICE detains them without a warrant?
Executive summary
If ICE detains a lawful permanent resident (LPR) without a warrant, experts and legal groups say the immediate steps are: remain calm, assert the right to remain silent, show proof of status, request a lawyer, and avoid signing documents or abandoning status; LPRs still have the right to seek review before an immigration judge even when detained [1] [2]. Recent reporting and legal clinics document multiple cases of LPRs detained and emphasize using counsel and federal litigation to challenge detention and transfer decisions [3] [2].
1. Know the legal landscape: ICE has wide powers — but courts still matter
ICE has broad authority to arrest and detain noncitizens, and agencies have expanded enforcement priorities in 2025, but constitutional and statutory limits remain: detained noncitizens retain the right to legal representation and to seek review before an immigration judge or in federal court [2]. Reporting on individual cases — for example the March 2025 detention of an LPR moved from New Jersey to Louisiana — shows courts can and do intervene to block unlawful detention or order transfers [3] [2].
2. First actions at the scene: show status, stay silent, don’t sign
Practitioners and immigrant-rights groups advise LPRs to present documentation of lawful status (green card or passport), remain calm, invoke the right to remain silent, and refuse to sign any forms without counsel. Legal clinics and NGOs explicitly instruct people to avoid signing forms that could be mistaken for abandoning status (e.g., I‑407) and to request an attorney immediately [1] [4] [5].
3. Legal representation is essential — but not appointed by the government
Immigration law guarantees the right to hire an attorney and to appear before an immigration judge, but the government does not provide counsel in removal proceedings. Multiple sources stress contacting a lawyer as soon as possible and using resources like local legal aid, AILA listings, or the ICE detainee locator to help lawyers find a detained person [2] [6] [5].
4. Challenges you can bring — bond, transfer, and constitutional claims
LPRs may have avenues to challenge detention. Some are eligible for bond while others face mandatory detention statutes; detained LPRs and advocates have used immigration- and federal-court litigation to seek release or transfer and to contest unlawful detention practices [7] [2] [3]. Sources show courts sometimes temporarily block detention or order changes, underscoring that litigation is a realistic option in some cases [3] [2].
5. Beware airport/CBP tactics and coerced abandonment of status
Advocates report that Customs and Border Protection (CBP) has at times pressured LPRs at ports of entry to sign forms that relinquish status; legal guides warn explicitly not to sign I‑407 or similar documents to obtain release, because signing can result in permanent loss of lawful permanent resident status [7] [6].
6. Practical family and documentary steps to take immediately
If you are detained, tell family or advocates to: use the ICE Online Detainee Locator to confirm custody and location, gather your A‑number and immigration documents, and contact consular or legal aid lines such as the ABA or local immigrant legal services networks. Legal and law-firm guides list those tools and emphasize speed — every minute matters for access and bond strategy [6] [5].
7. Competing narratives and what reporting reveals about enforcement priorities
Government statements and executive orders frame expanded screening and national‑security priorities, and ICE says its focus targets undocumented immigrants and criminal priorities; independent reporting and advocates highlight cases where long‑term LPRs with no recent criminal records were detained, suggesting enforcement has broadened in practice [8] [9] [10]. Sources disagree on scope: law firms and policy pieces describe stricter screening but say most arrests still target noncitizens lacking status, while journalists and advocacy groups document high‑profile LPR detentions and argue the policy net has widened [9] [10] [2].
8. Limitations in available reporting and what’s not found
Available sources provide case examples, legal guidance, and policy shifts but do not supply a comprehensive list of statutory exceptions that would automatically protect any particular LPR from detention in all circumstances; they also do not provide a central government dataset proving how often warrantless LPR arrests occur nationwide (not found in current reporting) [3] [2].
Final takeaway: If an LPR is detained without a warrant, the defensible, evidence‑based course is to show proof of status, remain silent, refuse to sign documents surrendering status, request counsel immediately, use the detainee locator and legal hotlines, and prepare for litigation to challenge detention — strategies reflected in legal clinics, immigrant‑rights groups, and reporting on recent cases [1] [4] [3] [2].