Fact check: Under what circumstances can ICE detain lawful permanent residents?

1. Summary of the results

Based on the analyses provided, ICE can detain lawful permanent residents under several specific circumstances:

• Criminal history or convictions: ICE can detain green card holders who have committed crimes or have prior convictions, even for nonviolent offenses. Victor Avila, a 66-year-old green card holder, was detained after returning from Japan due to a 2009 DUI and drug possession misdemeanor, despite having already served time and paid fines ^[1]. Similarly, Gonzalo Ladron de Guevara was detained due to a past non-violent fraud charge that was dismissed 13 years ago ^[2].
• Paperwork discrepancies or final removal orders: Lawful permanent residents can be detained if there are paperwork issues or final orders of removal from immigration judges. Kasper Eriksen, a Danish national and green card holder, was detained due to a paperwork miscommunication from 2015 ^[3].
• Incomplete immigration status: ICE can detain individuals who are in the final stages of obtaining permanent residency but haven't yet received their green cards. Valdiney Goncalves, a Brazilian citizen, was arrested while on his way to work despite being in the final stages of obtaining a green card ^[4].

The Trump administration has significantly expanded detention practices, with ICE currently holding approximately 50,000 people and seeking additional funding to increase detention capacity ^[5]. This expansion has created a climate where green card holders with long-resolved criminal records fear leaving the country due to the risk of not being allowed back ^[6].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

• Legal protections and due process rights: While ICE can detain lawful permanent residents, the government must initiate removal proceedings in immigration court, and individuals have the right to defend themselves before a judge, as explained by immigration attorneys Curtis Morrison and Gregory Chen ^[7].
• Constitutional violations and unlawful detention: Some ICE detentions violate Fourth Amendment rights. Peter Sean Brown, a U.S. citizen, was illegally detained by ICE due to incorrect identification as a deportable Jamaican immigrant, with a federal court ruling in his favor ^[8].
• Scope and scale of current enforcement: The current administration's approach represents a significant escalation in detention practices, affecting not just new cases but individuals with decades-old resolved issues ^[6].
• Impact on families and communities: The analyses reveal that these detentions affect long-term residents with established lives, families, and community ties in the United States.

3. Potential misinformation/bias in the original statement

The original question itself is neutral and factual, seeking information about legal circumstances for detention. However, the question could benefit from acknowledging:

• The distinction between legal authority and constitutional limits: While ICE has broad detention authority, some detentions may violate constitutional rights ^[8].
• The difference between detention and deportation: The question focuses on detention circumstances, but the analyses show that detention often leads to removal proceedings, which involve separate legal standards and protections ^[7].
• The evolving nature of enforcement priorities: Current ICE practices represent a significant shift from previous administrations, with expanded use of detention for cases that might not have resulted in detention previously ^{[5] [6]}.