A green card gives lawful permanent residents the right to live and work in the United States, but it does not give complete immunity from immigration enforcement. Many people believe that once they receive a green card, they are safe from arrest or detention by Immigration and Customs Enforcement. That belief can be dangerous.
Every year, ICE arrests thousands of noncitizens, including some green card holders, because of criminal records, travel issues, or alleged violations of U.S. immigration law. In some cases, people are detained without understanding why or what rights they still have under the law.
So, knowing when ICE can arrest a green card holder is critical for protecting your status and your future.
At The Chidolue Law Firm, we help lawful permanent residents understand their rights and defend against detention and removal.
Let us explain when ICE has this power and what you can do to stay protected.
Who Is a Green Card Holder Under U.S. Law
A green card holder is known under U.S. law as a lawful permanent resident. This status allows a person to live and work in the United States on a permanent basis. It also allows travel, family sponsorship, and the ability to apply for U.S. citizenship after meeting legal requirements. However, a green card does not provide the same level of protection as U.S. citizenship. Lawful permanent residents must continue to follow immigration laws and can lose their status if certain rules are violated.
According to the U.S. Department of Homeland Security, there were more than 12.8 million lawful permanent residents living in the United States in recent years. This number shows how many people depend on green card protection for their future in the country.
The main law that governs the rights and duties of green card holders is the Immigration and Nationality Act. This law explains who can remain in the U.S., who can be placed in removal proceedings, and how enforcement works. Inside the country, Immigration and Customs Enforcement is the agency responsible for enforcing these rules. ICE has legal authority to investigate, detain, and start deportation cases against noncitizens, including lawful permanent residents, when the law allows it.
When ICE Has the Power to Arrest a Green Card Holder
A green card does not make a person completely immune from immigration enforcement. ICE can arrest a lawful permanent resident when federal law says the person is removable. The law sets specific legal grounds for detention and removal. Knowing these helps green card holders understand their rights and risks.
According to the U.S. Department of Homeland Security, ICE made more than 142,000 immigration arrests in fiscal year 2025, including people with removable status under U.S. law. This shows that immigration enforcement affects not only undocumented immigrants but also lawful permanent residents in eligible cases. Official numbers are published by DHS immigration statistics.
Criminal Grounds for Arrest
ICE can arrest a green card holder if the person has certain criminal convictions that make them removable under U.S. immigration law. These offenses include:
- Aggravated felonies defined in immigration law
- Drug-related crimes under federal standards, including marijuana offenses
- Crimes involving guns or weapons
- Domestic violence or child abuse
- Fraud, theft, or similar dishonest conduct
- Crimes of moral turpitude
- Making a false claim to U.S. citizenship
These grounds come from Section 237 of the Immigration and Nationality Act, which lists offenses that can trigger removal proceedings after arrest.
National Security and Terrorism Claims
ICE also has authority to detain a green card holder if the government claims the person poses a national security risk. This includes:
- Participation in terrorist activity
- Providing support to foreign terrorist groups
- Behaviors the government considers a threat to U.S. security
These powers come from provisions in U.S. immigration law that allow exclusion or removal on security grounds.
Travel and Border Reentry
Travel outside the United States can create another point of enforcement for green card holders. When returning from international travel, Customs and Border Protection officers at an airport or land border may detain a green card holder and refer the case to ICE for removal proceedings. CBP can detain a person if:
- The person has stayed outside the United States for more than 180 days on one trip
- There is a past criminal issue that makes the person inadmissible
- There is a pending immigration court case
- There are concerns about fraud or misrepresentation in past applications
When CBP detains a green card holder at the border, the matter is often transferred to ICE and immigration court for a removal hearing under U.S. law.
Arrest vs Deportation — What Happens After ICE Takes Action
When ICE arrests a green card holder, it does not mean that deportation will happen right away. An arrest only begins the legal process known as removal proceedings. After detention, the government must bring the case before an immigration judge. The judge reviews the evidence and decides whether the person can keep lawful permanent resident status or must be removed from the United States. Until a judge makes a final decision, a green card holder still has the right to defend their case in immigration court.
Enforcement activity shows how serious this process can be. According to official data from the U.S. Department of Homeland Security, ICE carried out more than 620,000 removals and returns nationwide in fiscal year 2025. These numbers reflect how quickly cases can move once ICE takes someone into custody and starts removal proceedings.
2026 Enforcement Numbers
In recent years, ICE enforcement has grown at a record pace. Official data from the U.S. Department of Homeland Security shows that the number of people held in immigration detention reached nearly 70,000 by early 2026. That figure reflects both undocumented individuals and lawful permanent residents who are in enforcement proceedings under U.S. immigration law. The rise in detention coincides with expanded enforcement priorities nationwide, including community arrests, workplace actions, and border operations.
This increase matters because enforcement numbers help show how active ICE operations are across the country. It also helps green card holders understand that removal actions can touch lawfully resident immigrants in specific legal situations. The growing number of people in custody shows how critical it is for green card holders to know their rights and prepare legally before any contact with immigration authorities.
Can ICE Arrest a Green Card Holder by Mistake
Yes. Mistakes can happen. ICE relies on large databases and record systems. Errors in these systems can lead to wrongful detention of lawful permanent residents. Common causes include outdated immigration records, similar names, and status information that was not properly updated.
The U.S. Department of Homeland Security Office of Inspector General has confirmed in multiple audits that immigration agencies have detained individuals because of inaccurate or incomplete data. These reports show that verification failures can result in lawful residents being taken into custody by mistake.
Rights of Green Card Holders During ICE Arrest
Green card holders keep important legal rights even after an ICE arrest. These rights come from the U.S. Constitution and immigration law. A lawful permanent resident has the right to remain silent, the right to ask for a lawyer, and the right to refuse to sign any document without legal advice. ICE cannot force a green card holder to give up status or accept removal without a hearing before an immigration judge.
Many detained green card holders also have the right to request a bond hearing. This allows a judge to decide whether the person can be released from detention while the case is pending. According to the Executive Office for Immigration Review, immigration judges granted bond or release in a significant share of custody cases in recent years, showing that court review is a real and meaningful protection.
Detailed information about detainee rights is published by U.S. Immigration and Customs Enforcement.
Special Risk Situations
Some situations carry a higher risk of ICE contact and detention. Green card holders should be aware of these moments and know how to protect their status.
Airport and Border Stops
Customs and Border Protection officers can question green card holders when they return from international travel. This can happen at airports and land borders. Officers may review travel history, criminal records, and past immigration filings. If concerns arise, they can hold the person for further inspection and refer the case to ICE. Green card holders should never sign Form I-407 at the airport. This form gives up lawful permanent resident status and can be difficult to undo once signed.
Criminal Court Appearances
In some states, ICE conducts arrests at or near courthouses. This often occurs when a green card holder appears in court for criminal charges or probation matters. Local law enforcement may share information, which can lead to immigration custody after a court hearing. These arrests can happen even when the criminal case is still pending.
Old Convictions
Past criminal cases can also create risk. Immigration law defines convictions differently than criminal court. Even old or minor offenses can trigger removal review under federal law. A case that seems resolved in criminal court may still have immigration consequences years later. This is why legal review is critical before travel or court appearances.
What Green Card Holders Should Do
Green card holders should take practical steps to protect their status if they ever come into contact with ICE. Always carry proof of lawful permanent residence, such as your green card and valid identification. Do not admit guilt to any immigration violation and do not sign removal papers without understanding the legal effect. Signing the wrong document can lead to loss of status or fast removal.
It is also important to ask for legal counsel as soon as ICE makes contact. A lawyer can review your record, explain your rights, and speak on your behalf. This is especially important before international travel or if you have any past criminal history. A legal review can help identify risks and prevent problems at the airport or during enforcement actions.
Official court data shows how much legal help matters. According to the Executive Office for Immigration Review, people who had legal representation in removal proceedings were several times more likely to obtain relief or protection than those who appeared without a lawyer. This confirms that early legal advice can change the outcome of an immigration case.
How Chidolue Law Firm Can Help
If ICE arrests you, time is critical. Your green card and your future in the United States may be at risk. Whether the issue involves detention, a criminal record, travel problems, or removal proceedings, early legal action can make a real difference.
At The Chidolue Law Firm, we defend lawful permanent residents nationwide. Our team represents clients in ICE detention, bond hearings, and removal cases. We also handle criminal-immigration issues, travel risk reviews, and protection of permanent resident status. We work to stop unlawful detention and build strong defenses before an immigration judge.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
💬 For WhatsApp inquiries, contact us at:
➡ 404-333-8751
With the right legal support, you can protect your green card, defend your rights, and secure your future in the United States.
