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Fact check: What are the grounds for ICE to detain a green card holder?

Checked on June 18, 2025

1. Summary of the results

Based on the analyses provided, ICE has several established grounds for detaining green card holders, despite their lawful permanent resident status:

Criminal History-Based Detention:

  • ICE can detain green card holders with long-resolved criminal records, even when these cases were dismissed or occurred decades ago [1] [2]
  • Crimes involving moral turpitude (CIMTs) under the Immigration and Nationality Act (INA) serve as grounds for detention, regardless of how old the conviction is [3]
  • Even nonviolent past convictions can trigger detention, as holding a green card does not exempt individuals from ICE enforcement actions [4]
  • Specific serious crimes such as rape, murder, or drug trafficking make green card holders subject to deportation proceedings [5]

Immigration Violations and Administrative Issues:

  • Final orders of removal from immigration judges, even if related to paperwork discrepancies, can result in detention [6]
  • Years-old deportation orders that were previously issued can be enforced through detention [7]
  • Immigration fraud serves as grounds for deportation proceedings [5]

Border-Related Factors:

  • At ports of entry, green card holders face increased scrutiny for factors including trips abroad longer than six months, pending green card renewals, past immigration violations, or political affiliations [8]

2. Missing context/alternative viewpoints

The original question lacks several crucial contextual elements:

Legal Process and Rights:

  • Green card holders facing deportation have the right to plead their case in court, and the government must provide clear and convincing evidence to prove deportability [5]
  • There are established rights when interacting with law enforcement or immigration officials, though the specific details weren't elaborated in the analyses [9]

Vulnerable Populations:

  • The analyses reveal that mixed-status American families face particular complexities, with citizen spouses and children affected when green card holders are detained [7]
  • Long-term residents who have lived in the US for decades (including one case of 50 years) are not immune from detention and deportation proceedings [4]

Enforcement Patterns:

  • Recent reporting suggests an increase in detentions of green card holders over criminal records, indicating a potential shift in enforcement priorities [1]
  • Cases involving dismissed charges from over a decade ago are being pursued, suggesting broader interpretation of detention authority [2]

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 grounds for detention. However, the question's framing could lead to incomplete understanding:

Oversimplification Risk:

  • The question might imply that there are limited, clearly defined circumstances for detention, when the analyses show that ICE's authority is quite broad and can encompass decades-old resolved cases [1] [2] [3]

Missing Complexity:

  • The question doesn't acknowledge that green card status provides significant but not absolute protection from immigration enforcement, which could mislead individuals about their vulnerability [8] [4]

Enforcement Reality:

  • The analyses demonstrate that practical enforcement often extends beyond the most serious cases, affecting individuals with minor or resolved criminal histories, which contradicts common assumptions about who faces detention [2] [4]
Want to dive deeper?
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