Green Card Holders: Know Your Rights & Risks During the Second Trump Administration

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Green Card Holders Have Rights! They Also Face New Risks

Community Alert! If you are a green card holder (lawful permanent resident) you may be at risk for detention or deportation. Trump’s administration has warned that they are checking all green card holders’ criminal records and their social media for unwanted political activity, and have targeted some green card holders for detention and deportation.

Who is at risk for deportation now?

You may be at risk now if you have a green card and you:

• Have a past criminal conviction, even for something small like marijuana.
• Have a pending criminal charge or past arrest, even if it did not result in a conviction (if traveling out of the U.S.)
• Have expressed ideas or participated in protests that the Trump administration doesn’t like. The Trump administration has claimed that these actions and ideas are a threat to national security.
• Spent more than 180 days (continuously) outside the U.S.

If you are in one of these three categories, you could be most at risk for detention if you:

• Apply for U.S. citizenship (naturalization).
• Travel. This includes:
  • travel inside the U.S., especially flying
  • travel outside the continental U.S., like Hawaii or Puerto Rico,
  • travel to other countries, and
  • crossing immigration checkpoints.

What criminal convictions put green card holders at risk?

ICE can detain and try to deport green card holders for a conviction related to:

• Drugs, including marijuana (even if it is legal in your state)
• Guns
• Domestic violence, child abuse, or a protective order violation
• “Immoral behavior,” like stealing, shoplifting, assault with intent to injure, or fraud (2 offenses if it’s a minor crime, or 1 offense if the crime is more serious)
• Any “aggravated felony,” especially convictions with a sentence (or suspended sentence) of 1 year or more
• Any false claim to U.S. citizenship, such as when applying for a driver’s license

What is a conviction?

In criminal court, some offenses no longer count as “convictions” if they are expunged or withdrawn after a diversion program. But the immigration system still sees some of these offenses as convictions.

What if I have just one marijuana conviction?

If you are in the U.S. and there are no other crimes on your record, they cannot deport you for just 1 conviction for possession of a small amount of marijuana. But if you are returning to the U.S., you can be detained and deported if you have one minor marijuana possession charge, or if you admit to having or using marijuana or having done so in the past.

Can a past arrest or pending charge put green card holders at risk?

Yes, if the green card holder travels outside of the U.S. In some cases, immigration officers can stop and detain a green card holder coming back to the U.S. from traveling internationally just because of a past arrest, even if the charges are pending or did not lead to a conviction.

What about political activities?

Even if you have a green card, ICE can detain and try to deport you by saying you are a danger to U.S. national security or involved in “terrorist activities.” For example, they tried to deport the activist Mahmoud Khalil for actively supporting Palestinian human rights.

They can claim —even without evidence— that:

• You are connected to a gang or criminal organization that they consider a “foreign terrorist organization,” like the Haitian gangs Viv Ansanm and Gran Grif or a Latin American criminal organization, such as Tren de Aragua or MS-13; or
• You lied about your criminal connections on your green card application.

What if I spend “too much” time outside the U.S.?

• You might lose your green card if you spend more than 6 months in a row outside of the U.S. They can hold you and question you at the airport.
• You can lose your green card if you spend more than 1 year (continuously) outside of the U.S.

Can I travel outside the United States with a green card?

International travel can be risky, especially if you are in one of the three risk categories listed above. When you fly back or cross the border, CBP (Customs & Border Protection) can send you to “secondary inspection.” They may question you there, and they may try to detain and deport you.

Even if you have your green card, in some circumstances CBP says they are allowed to detain and deport you because you are “seeking admission to the U.S.”

Your risk is greater if:

• You have been outside the U.S. for more than 180 days in a row
• They believe you “engaged in illegal activity” after leaving the U.S.
• You had an open immigration court case when you left the U.S.
• You have a pending criminal charge or past arrest
• You committed a crime, such as any drug offense (no exception for marijuana), theft, fraud, assault, prostitution, or other offenses involving dishonest or immoral behavior.

CBP may also detain you at the airport and pressure you to sign Form I-407. Signing this Form means you “abandon” or give up your lawful permanent resident status. CBP may tell you that signing this form will get you out of detention. But it really means you will lose your green card status. If this happens to you, you do not have to sign this document. You have the right to defend your green card in front of an immigration judge.

What if my green card is “conditional?”

If you were married less than 2 years when you got your green card through your U.S. citizen spouse, you may still have a “conditional” green card. Sometimes, a child may have a “conditional” green card if they came to the U.S. at the same time as their parent. Your conditional green card is good for 2 years, but you have to apply to make it a “permanent” green card. The application period starts 90 days before it expires.

Conditional green card holders have the same rights and face the same risks as other green card holders. But they can deport you more quickly. Be extra careful in understanding your rights and risks.

Make a safety plan now!

• Talk to an immigration lawyer NOW. If you have a criminal record, talk to an immigration lawyer who has criminal law expertise. Ask about your risks, options, and legal rights. Ask if you would qualify for release on bond if you were detained.
• Memorize the phone numbers of people you may need to call if you get detained, like a relative, trusted friend, or a lawyer. Make sure they have your A-number – it’s on your green card.
• Make a back-up plan about how to provide for your loved ones if you are detained.
• Keep your important papers, like birth certificates and immigration papers in a safe place. Tell a relative or friend where you put those papers so they can get them if needed.
• Tell your loved ones that they can use this link to find you if you get detained:
  ICE: locator.ice.gov/odls/#/search

Know your rights!

If you have a green card, you have constitutional rights, including the right to free speech, due process, and equal protection.

If you are at the airport, you have the right to:

• not answer any questions about your political or religious beliefs, or your past behavior or activities.
• not sign any documents. Do not sign anything that gives up your lawful permanent resident status.

You can ask to speak to a lawyer, but the government does not have to allow it. But if they try to deport you, you have the right to see an immigration judge. Read more about your rights in the airport here.

If you are in ICE detention and not on “mandatory detention,” you qualify to be released “on bond.” ICE should tell you if you qualify for release on bond within 48 hours of your arrest.

If ICE says you cannot be released on bond, or sets a high bond, you can ask an immigration judge for a bond hearing. You may also be able to ask a federal judge to order your release by filing a habeas petition.

If the government starts a deportation case, you have the right to a hearing with an immigration judge. You have this right no matter where you are – the airport, the border, or inside the U.S.

The immigration judge will consider evidence from the government and from you. To continue with its case against you, the government must prove you are deportable or not admissible. It is your responsibility to tell the judge if you plan to make a defense to deportation such as asking for cancellation of removal or asylum.

Important! They cannot take away your green card status without giving you the chance to fight your case in immigration court.

If you are facing deportation, talk to a lawyer. You may be able to defend against deportation by asking for:

• cancellation of removal or*
• asylum or other humanitarian protection.

*You only qualify to ask for cancellation of removal if you have lived in the U.S. for at least 7 years, had your green card for at least 5 years, and have no “aggravated felony” conviction on your record.