What Can A Green Card Holder Do If Detained?

Green card holders, also known as lawful permanent residents (LPRs), enjoy many rights similar to U.S. citizens, including the ability to live and work permanently in the United States. However, unlike citizens, they can still face detention by immigration authorities or law enforcement in certain situations.

Being detained can be frightening and confusing, especially for someone who may not fully understand their rights. 

In this article, I will explain the following things:

• Why does detention happen?
• What are your rights as a green card holder?
• What to do if a green card holder is detained?

Therefore, if these are some of the things that you want to know, then keep on reading this blog till the end…

Green Card Holder Detained: What Are The Most Common Reasons?

“An Irish grandmother who has lived in the US for most of her life and holds a green card is facing deportation because she wrote a bad cheque for $25 in 2015,” according to The Guardian.

And this is not the only instance. NPR reported that the goal of the current Trump administration is “to pick up as many people and charge as many people and put as many people in removal proceedings and ultimately deport as many people as possible.” 

Green card holders can be detained for a variety of reasons, including:

• Immigration-related issues: Such as having an expired green card, alleged violations of immigration law, or being placed in removal proceedings.
• Criminal charges: Certain criminal convictions — even misdemeanors — can make an LPR deportable under the Immigration and Nationality Act (INA). Crimes involving moral turpitude, drug offenses, domestic violence, or aggravated felonies can trigger ICE detention.
• Travel-related encounters: At airports or border checkpoints, Customs and Border Protection (CBP) officers may detain LPRs if records show prior criminal convictions or unresolved immigration issues.
• Mistaken identity: Sometimes, errors in databases or misidentification can cause wrongful detention.

It’s important to note that local police and federal immigration officers (ICE or CBP) operate under different legal authorities. Being arrested by local police is not the same as being detained by ICE, though one can lead to the other.

What Rights Do Green Card Holders Have If Detained?

Even though LPRs are not U.S. citizens, they are still entitled to constitutional protections. Some of the key rights of green card holders include:

1. Right To Remain Silent:

Apart from giving your name, you are not obligated to answer questions regarding your immigration status. Don’t lie, but you can refuse to do so in a polite manner until you have talked to a lawyer.

2. Right To Legal Counsel:

You are allowed to get an immigration attorney of your own choice, though the government will definitely not give you a free lawyer in an immigration case.

3. Right To Contact Family Or Consulate:

You may ask that your consulate be informed if you are in custody, according to the Vienna Convention on Consular Relations.

4. Right To Due Process:

In most situations, green card holders have the right to a hearing before an immigration judge. However, they cannot be deported without this procedure, except in very limited cases of expedited removal.

5. Right To A Bond Hearing:

Typically, LPRs are allowed to apply for a bond hearing so that they can be set free on bond while their case continues.

Immediate Steps A Green Card Holder Should Take If Detained

The Quint reported another incident where a 48-year-old Indiana green card holder, Paramjit Singh, was detained by the U.S. ICE “over a 26-year-old minor payphone offence, despite completing his sentence and later getting the felony charge deleted.”

If you are detained, it is critical to act carefully and assert your rights:

1. Stay calm and polite: Do not resist arrest or detention.
2. Do not sign anything without legal advice: Immigration authorities may present you with documents that waive your rights or agree to voluntary departure. Signing without understanding can be devastating.
3. Ask to speak with an immigration attorney: This should be your first step before making any statements.
4. Use interpreter services if needed: You have the right to request an interpreter to avoid misunderstandings.
5. Call a family member or trusted contact: Inform someone who can immediately begin arranging legal support.

Can An Immigration Attorney Help If A Green card Holder Is Detained?

Hiring an immigration attorney can dramatically affect the outcome of detention cases. Attorneys can:

• Request bond hearings and argue for your release based on strong community ties and low risk of flight.
• Challenge grounds of removability by contesting the government’s claims.
• File for relief such as Cancellation of Removal, Adjustment of Status, or Waivers, depending on your eligibility.
• Advice on criminal matters: If the detention is tied to a criminal conviction, immigration attorneys often coordinate with criminal defense counsel to minimize immigration consequences.

The American Immigration Lawyers Association (AILA) emphasizes the importance of specialized legal help in detention cases.

What Family Members Can Do If A Loved One Is Detained

Detention doesn’t just affect the LPR — it impacts families. If your loved one has been detained:

1. Locate the detainee: Use the ICE Online Detainee Locator System to find where they are being held.
2. Hire an immigration lawyer quickly: Time is critical, especially before the first hearing.
3. Gather documents: Collect proof of residence, employment, tax records, family ties, and the green card itself. These help at bond hearings.
4. Prepare financial records: If a bond is set, you’ll need evidence of ability to pay and possibly co-sponsors.
5. Stay in contact: Families should stay informed about upcoming court dates and hearings.

What Are The Possible Outcomes After Detention?

Once detained, several paths are possible:

• Release on bond: Many LPRs can secure bond and continue their cases outside detention.
• Continued detention: Some cases, especially involving serious criminal convictions, may lead to extended detention.
• Removal proceedings: The government may initiate deportation. However, you have the right to challenge this.
• Relief from removal: If eligible, you may apply for relief such as Cancellation of Removal (available to LPRs who meet certain criteria, including 7 years of continuous residence and no aggravated felony convictions).

Read Also: How Immigration Lawyers Can Assist with EB3 Green Card Petitions?

What Are The Preventive Measures For Green Card Holders?

While not all detentions can be avoided, LPRs can reduce risk by:

• Keeping documents up to date: Always carry valid proof of status, especially when traveling.
• Avoiding criminal issues: Even minor convictions can have immigration consequences. Always consult both a criminal and immigration attorney before accepting any plea.
• Knowing your rights: Review “know your rights” guides published by the American Civil Liberties Union (ACLU) and immigrant advocacy groups.
• Seeking legal advice early: If you are already in trouble (pending charges, expired green card), consult an immigration lawyer before ICE gets involved.

What Are The Common Mistakes To Avoid When Detained?

• Signing voluntary departure agreements without advice.
• Lying to officers or providing false documents.
• Failing to notify family or a lawyer immediately.
• Assuming minor crimes won’t affect immigration status.

Even minor mistakes can affect your status for a very long time.

For permanent residents, being arrested is a very upsetting situation, but it is not the end of the road forever. Keep in mind:

• Among your rights are the right to remain silent and the right to fair treatment by law.
• You should definitely not sign any papers without a lawyer being present.
• Relatives can be of assistance by finding your location, collecting your documents, and helping you get a bond.
• An immigration lawyer is a must for the defense of your status and fighting against removal.

Just because you are arrested does not mean that you will be deported. Many LPRs with a proper legal plan and prompt action are able to turn their cases around and stay in the U.S successfully.