Fact check: Under what circumstances can ICE arrest a legal permanent resident?

1. Summary of the results

Based on the analyses provided, ICE can arrest legal permanent residents under several specific circumstances:

Criminal Convictions: Legal permanent residents can be arrested and face deportation if they have committed various crimes, ranging from serious felonies like rape, murder, or drug trafficking ^{[1] [2]} to lesser offenses including DUI or drug possession misdemeanors ^[3]. Even nonviolent offenses can trigger ICE detention ^[3].

Immigration-Related Violations: ICE can arrest green card holders for immigration fraud ^{[1] [2]} or if they are deemed a threat to national interests ^[4]. Additionally, legal permanent residents who have been in the country for less than two years are subject to expedited removal ^[1].

Security and Public Safety Concerns: ICE can issue immigration detainers if an individual is considered removable, a threat to national security or public safety, or undermines the integrity of U.S. immigration laws ^[5].

Legal Process Requirements: The government must provide clear and convincing evidence to deport a lawful permanent resident, and only an immigration judge has the power to revoke a green card ^[2]. ICE must have a valid judicial arrest warrant to arrest a legal permanent resident ^[6].

2. Missing context/alternative viewpoints

The analyses reveal several concerning gaps in how ICE enforcement actually operates versus the legal standards:

Inconsistent Enforcement Patterns: Recent cases demonstrate that ICE has detained long-term green card holders with minimal justification. Victor Avila, a 66-year-old green card holder since 1967, was detained after returning from visiting his son in Japan despite having no criminal history ^[3]. Similarly, Gonzalo Ladron de Guevara, who held a green card since 2003, was detained after returning from Mexico ^[4].

Constitutional Rights vs. Practice: While the analyses emphasize that green card holders have something akin to the rights of American citizens and should know their constitutional rights to due process ^[6], the recent detention cases suggest these rights may not always be respected in practice.

Broad Interpretation of Threats: The criteria for what constitutes a "threat to national security or public safety" appears to be interpreted broadly by ICE, potentially allowing for detention based on past felony charges rather than convictions ^[4].

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 circumstances. However, the question's framing may inadvertently suggest that ICE arrests of legal permanent residents only occur under clearly defined, exceptional circumstances.

The reality revealed by the analyses is more complex: While legal standards exist requiring clear and convincing evidence and valid judicial warrants ^{[2] [6]}, recent enforcement actions suggest ICE may be operating with broader discretionary powers than these legal protections would imply.

Missing from the original question is acknowledgment that even lawful immigrants with long-standing legal status can be at risk of deportation ^[7], and that ICE's interpretation of what constitutes grounds for arrest may be expanding beyond traditional criminal convictions to include broader security concerns and past charges rather than just convictions.

The analyses collectively suggest that while legal protections exist on paper, the practical application of ICE enforcement may be more expansive than the formal legal framework would suggest, particularly in the current enforcement environment.