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Fact check: Can ICE arrest legal permanent residents

Checked on June 18, 2025

1. Summary of the results

Based on the analyses provided, ICE can indeed arrest legal permanent residents under certain circumstances. The evidence shows a clear pattern of ICE detention activities targeting green card holders:

  • Recent documented cases demonstrate ICE's authority to detain legal permanent residents, specifically the case of Victor Avila, a 66-year-old green card holder who was detained by ICE at San Francisco International Airport while returning from visiting his son in the U.S. Air Force [1]. Avila had held his green card for 58 years before facing deportation proceedings [2].
  • Criminal records as grounds for detention: Multiple sources indicate that ICE is increasingly targeting green card holders with criminal records, with lawyers reporting more frequent detentions of legal permanent residents based on past criminal history [3].
  • Limitations on ICE authority: However, there are constraints on ICE's power, as one source suggests that ICE does not have authority to detain U.S. citizens, including legal permanent residents, without proper legal grounds, referencing the case of Brad Lander's arrest [4].

2. Missing context/alternative viewpoints

The original question lacks several crucial pieces of context that would provide a more complete understanding:

  • Legal grounds for arrest: The question doesn't specify under what circumstances ICE can arrest legal permanent residents. The analyses reveal that criminal history appears to be a primary factor, but the specific legal standards and due process requirements are not detailed [3].
  • Recent policy changes: The sources indicate this is occurring under the Trump administration, suggesting policy shifts that may have expanded ICE's targeting of legal permanent residents [2]. This temporal context is missing from the original question.
  • Fear and uncertainty in immigrant communities: One analysis mentions the "fear of arrest among Green Card holders and the complexities of immigration laws" [5], indicating that the mere possibility of arrest creates significant anxiety even among legal residents.
  • Oversight and accountability concerns: The Brad Lander case reveals tensions between ICE operations and congressional oversight, with New York congressmen being "denied oversight visit at field office" [4], suggesting potential issues with transparency and accountability.

3. Potential misinformation/bias in the original statement

The original question itself is neutral and factual, simply asking about ICE's authority. However, there are potential areas where misinformation could arise:

  • Oversimplification of legal status: The question treats "legal permanent residents" as a monolithic category, but the analyses show that criminal history significantly affects ICE's approach to different green card holders [3].
  • Missing procedural context: The question doesn't address the legal processes involved, which could lead to misunderstanding about whether such arrests are lawful or arbitrary. The case of Victor Avila, a 58-year green card holder facing deportation, illustrates how complex these situations can be [2].
  • Temporal bias: Without specifying the current policy environment, the question could be interpreted differently depending on which administration's policies are in effect, as the analyses suggest current practices may differ from previous periods [2].
Want to dive deeper?
Under what circumstances can ICE arrest a legal permanent resident?
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Can ICE detain a legal permanent resident without a warrant?
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How can a legal permanent resident avoid being arrested by ICE?