How green card holders can avoid deportation amid Trump’s immigration crackdown
Green Card / FILE PHOTO
WASHINGTON — The dream of living permanently in the United States is realized by millions of immigrants who obtain lawful permanent resident (LPR) status, more commonly known as a green card.
However, this status – while conferring many rights – does not make one immune from deportation.
Increasingly, green card holders are finding themselves in legal limbo due to criminal convictions, immigration violations or even administrative technicalities.
Recent events have highlighted just how fragile that status can be. A Filipina green card holder, returning from a short trip to the Philippines to visit family, was detained by US Immigration and Customs Enforcement (ICE) upon arrival. She was held at the Mesa Verde ICE Processing Center in Bakersfield, California, and is now facing potential deportation proceedings.
In another case, Jewelyn Dixon, who has lived in the US as a permanent resident for 50 years, was detained by ICE while returning home to Seattle, Washington, from a trip to the Philippines.
Their cases underscore a critical fact: A green card is not an unassailable right – it is a privilege, and that privilege can be revoked under US immigration law.
Living the American Dream is possible for LPRs. They can live, work and build a life in the United States – but they must also understand that the Immigration and Nationality Act (INA) enumerates several grounds for deportation.
Grounds for deportation
These include crimes involving moral turpitude, aggravated felonies, drug offenses, immigration fraud, failure to maintain US residency and violations tied to national security.
Often, these offenses are either misunderstood or underestimated by the LPRs themselves.
Many green card holders are shocked to find that something they considered a minor issue – like a single drug possession or staying too long abroad – can trigger removal proceedings. But ICE doesn’t operate on intent. It operates on statute.
One key issue is abandonment of residency. An LPR is expected to maintain continuous ties to the US. If an individual spends significant time abroad, especially over a year, without a re-entry permit or fails to maintain US tax and residential obligations, they risk being deemed to have abandoned their status.
In the case of the green card holder detained in Bakersfield, ICE cited such concerns, in addition to prior legal infractions, as grounds for detention.
To avoid such troubling scenarios, green card holders are advised to take preventive steps when traveling internationally.
First, any LPR who plans to be outside the US for more than six months should consult an immigration attorney to assess risks. If a trip will exceed one year, it is imperative to apply for a re-entry permit (Form I-131) before departure. This document signals an intent to return and helps rebut abandonment allegations.
Second, LPRs with any prior criminal record – even minor offenses or dismissed charges – should not travel abroad without first consulting an immigration attorney.
Even expunged or decades-old convictions can trigger detention at a port of entry. ICE databases are comprehensive and unforgiving. One must know the immigration consequences before boarding a plane.
Crimes Involving Moral Turpitude (CIMTs), aggravated felonies and drug-related offenses are the most common bases for removal.
Courts have ruled that even a single conviction, depending on timing and severity, can be sufficient. Furthermore, convictions that are years or decades old can resurface when an LPR reenters the country.
The 2010 Supreme Court decision in Padilla v. Kentucky emphasized that criminal defense attorneys must inform noncitizen clients about the immigration consequences of a plea.
Yet many immigrants who took plea deals prior to that ruling were never warned. Today, LPRs caught in that trap may still be able to seek remedies like Cancellation of Removal or Waivers of Inadmissibility – if they act quickly and have skilled legal counsel.
In many cases, technicalities can help or harm a green card holder. The Supreme Court’s ruling in Pereira v. Sessions invalidated many Notices to Appear (NTAs) that lacked time and date information, creating new avenues for relief in deportation cases.
Similarly, INS v. St. Cyr preserved the right to apply for relief under old laws in certain pre-1996 plea cases.
In light of the March 2025 ICE detention incident, immigration advocates stress the importance of being proactive.
Traveling abroad when you have unresolved legal issues is a gamble. ICE is vigilant, and US Customs and Border Protection at airports now has access to consolidated immigration and criminal databases.
Those detained still have rights. LPRs can challenge the legal basis of their deportation, seek relief such as Cancellation of Removal, and appeal unfavorable decisions.
It is essential to act promptly, secure legal representation and present evidence of strong family ties, rehabilitation and positive contributions to society.
Ultimately, maintaining permanent resident status requires vigilance. A green card is not just a pass. It is a contract – with responsibilities on both sides. Knowing those responsibilities can be the difference between staying with your family or being sent away.
Practical tips for green card holders before traveling abroad
- Consult a lawyer if you’ve ever been arrested, charged or convicted – even if the case was dismissed or expunged.
- Avoid long absences from the US. Without a re-entry permit, trips over one year can lead to abandonment findings.
- Keep ties to the US by filing taxes, maintaining a US address and keeping a US bank account.
- Check the expiration of your green card and renew in advance.
- Carry evidence of US ties when traveling – like tax returns, pay stubs, utility bills or lease agreements.
These steps, along with timely legal consultation, can help ensure your return to the US is smooth and uneventful.
As more cases like the recent ICE detention come to light, green card holders must remain vigilant and informed. A mistake at the airport – or years earlier – should not cost someone their home, family and future. But it can, unless you know your rights and exercise them.
Atty. Arnedo S. Valera is the executive director of the Global Migrant Heritage Foundation and managing attorney at Valera & Associates, a US immigration and anti-discrimination law firm for over 32 years. He holds a master’s degree in International Affairs and International Law and Human Rights from Columbia University and was trained at the International Institute of Human Rights in Strasbourg, France. He obtained his Bachelor of Laws from Ateneo de Manila University. He is a professor at San Beda Graduate School of Law (LLM Program), teaching International Security and Alliances.
