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Fact check: What rights do lawful permanent residents have during ICE detention?

Checked on July 19, 2025

1. Summary of the results

Based on the analyses provided, lawful permanent residents have several key rights during ICE detention:

Due Process Rights:

  • Lawful permanent residents have the right to a hearing before an immigration judge if the government attempts to revoke their status [1]
  • The government must prove by clear and convincing evidence (also described as "clear, unequivocal, and convincing evidence") that the resident's status should be taken away [1]
  • They must be served with a 'Notice of Intent to Rescind' before their status can be revoked [1]

Constitutional Protections:

  • All individuals in the United States, including lawful permanent residents, have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers [2]
  • They have the right to defend themselves in immigration court [2]

Legal Safeguards:

  • The Department of Justice cannot unilaterally revoke a green card, which implies that lawful permanent residents have the right to due process and cannot be arbitrarily detained or deported by ICE without following proper procedures set out by Congress [3]

2. Missing context/alternative viewpoints

The analyses reveal several important gaps in understanding the full scope of lawful permanent residents' rights during ICE detention:

Practical vs. Legal Rights:

  • While the legal framework provides protections, real-world cases demonstrate potential violations. The case of Reza Zavvar, a lawful permanent resident who was detained by ICE while walking his dog in Maryland, illustrates that despite having legal rights, green card holders can still face detention and deportation proceedings [4]

Systemic Issues:

  • There are broader concerns about due process rights being stripped from individuals in immigration courts, which could affect lawful permanent residents [5]
  • The analyses suggest that ICE has engaged in unlawful arrests at immigration courthouses, indicating potential overreach that could impact lawful permanent residents' ability to exercise their rights [5]

Enforcement Variations:

  • The mention of wrongful detention and deportation of U.S. citizens by ICE suggests that there may be enforcement errors that could also affect lawful permanent residents, despite their legal protections [6]

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation or bias - it is a straightforward inquiry about legal rights. However, the question's framing could benefit from additional context:

Incomplete Scope:

  • The question focuses specifically on "during ICE detention" but doesn't address the broader immigration enforcement context where these rights may be challenged or violated in practice
  • It doesn't acknowledge that while lawful permanent residents have these rights, enforcement agencies may not always respect them, as evidenced by documented cases of wrongful detention [4] [6]

Missing Practical Considerations:

  • The question doesn't address the gap between legal rights on paper and their practical implementation, which the analyses suggest can be significant in immigration enforcement scenarios

The question appears to be seeking factual information rather than promoting any particular viewpoint, making it relatively neutral in terms of potential bias.

Want to dive deeper?
What are the grounds for ICE to detain a lawful permanent resident?
Can lawful permanent residents be deported without a hearing?
What is the difference between ICE detention and removal proceedings for lawful permanent residents?
How do lawful permanent residents access legal representation during ICE detention?
What are the rights of lawful permanent residents during ICE interviews and interrogations?