What to know about ICE, green cards in the Trump era
ICE officers wait to detain a person, Monday, Jan. 27, 2025, in Silver Spring, Md. (AP Photo/Alex Brandon, File)
WASHINGTON – Since returning to office on Jan. 20, 2025, Pres. Donald Trump has swiftly reestablished his hardline stance on immigration by signing a series of new executive orders designed to fortify border security and ramp up internal enforcement.
These measures mark a significant shift from prior policy and signal a return to aggressive immigration enforcement as a central priority of the Trump administration.
Among the most notable of these is Executive Order 14091, titled “Restoring the Rule of Law in Immigration Enforcement,” which directs the Department of Homeland Security (DHS) to prioritize the arrest and deportation of undocumented immigrants, including those who have been in the country for years without criminal records.
Another directive, Executive Order 14093, mandates the reactivation and expansion of nationwide interior enforcement operations by US Immigration and Customs Enforcement (ICE).
These executive actions reinforce the administration’s commitment to “zero tolerance” for illegal immigration and reassert ICE’s critical role in enforcing immigration laws within US borders.
Given these sweeping changes, it is vital for immigrants – especially lawful permanent residents and those without legal status – to understand how ICE operates and what their rights and responsibilities are. Below are frequently asked questions and clear answers to help navigate this new enforcement landscape.
Frequently asked questions about ICE and green card issues
Q: What does ICE stand for in immigration?
A: ICE stands for US Immigration and Customs Enforcement, a federal law enforcement agency under the Department of Homeland Security (DHS).
Q: What is ICE and what does it do to immigrants?
A: ICE enforces immigration laws within the US, investigating violations, apprehending undocumented immigrants, conducting workplace raids and carrying out deportations.
Q: What is the purpose and role of ICE?
A: ICE’s role is to protect national security and public safety by enforcing immigration and customs laws. This includes combatting terrorism, human and labor trafficking that can include fraud in foreign labor contracting , visa fraud and misrepresentation, illegal immigration and trade-related violations.
Q: What is the difference between an immigration officer and a customs officer?
A: Immigration officers handle matters related to visas, residency and citizenship. Customs officers deal with goods and individuals entering the US for import/export compliance and duty enforcement.
Q: What is ICE deportation?
A: This is the legal process of removing individuals from the US, who have violated immigration laws, such as overstaying visas or committing deportable offenses.
Q: How long can ICE hold someone before deportation?
A: Generally, ICE must release a detainee after 180 days if deportation is not imminent, as per Zadvydas v. Davis. However, case complexity can prolong detention.
Q: How long do immigrants stay in ICE detention?
A: Duration varies. Some are held for days; others for months – depending on court backlogs, bond availability and pending legal relief applications.
Q: How can someone file a complaint against ICE?
A: File complaints through the DHS Office for Civil Rights and Civil Liberties (CRCL) or ICE’s Office of Professional Responsibility (OPR) via their websites or mail.
Q: What is USCIS photo identification?
A: USCIS issues IDs like green cards (permanent resident cards) and Employment Authorization Documents (EAD) that include your photo and immigration status.
Q: If I marry a green card holder, can I get a green card?
A: Yes, but you’ll be placed in a lower visa preference category. Processing times are longer than for spouses of US. citizens.
Q: Can a green card holder vote in US elections?
A: No. Only US citizens can vote in federal elections. Unauthorized voting may result in deportation.
Q: Can a green card holder apply for citizenship before 5 years?
A: Yes, if married to a US citizen, you may apply after three years. Otherwise, the standard period is five years.
Q: How soon can a green card holder become a US citizen?
A: After five years of continuous residence (three years if married to a citizen), with requirements such as English fluency and good moral character met.
Q: What is the 90-day rule for citizenship applications?
A: You may file Form N-400 up to 90 days before completing your residency period (three or five years).
Q: How long can a green card holder stay outside of the US?
A: Absences under six months are usually fine. Over six months may raise abandonment concerns. Over one year may lead to loss of status unless a reentry permit is secured.
Q: How long can I stay in the Philippines or another country?
A: Up to six months is low risk. Longer stays require documentation. A reentry permit is advised for trips over one year.
Q: Can green card holders be denied reentry?
A: Yes. Immigration officers may deny entry if they suspect abandonment of residency or criminal activity.
Q: Can I stay in the US if my green card is expired?
A: Yes, but you must renew it immediately. An expired green card complicates employment and reentry but doesn’t nullify your status.
Q: Can green card status be lost?
A: Yes – through criminal convictions, prolonged absence or voluntary abandonment.
Q: How long is a green card valid?
A: Most are valid for 10 years. Conditional ones (e.g., marriage-based) are valid for 2 years and require filing Form I-751 to remove conditions.
Q: Can I get a green card if I’ve lived in the US for 10 years?
A: Not automatically. But you may qualify for cancellation of removal in immigration court if certain criteria are met.
Q: Are green card holders permanent residents?
A: Yes. A green card signifies lawful permanent resident (LPR) status.
Q: How long must I live in the US to naturalize?
A: If not married to a US citizen, you must have five years of continuous residence.
Q: How long can a US citizen stay abroad?
A: Indefinitely. However, long absences may affect taxes or the ability to sponsor family.
In light of the intensified enforcement agenda under the Trump administration, all immigrants – especially those with pending applications or legal complications – should exercise heightened vigilance.
Tips for green card holders
- Make sure your documents are current.
- Carry your green card or valid ID at all times.
- Avoid any criminal violations, even misdemeanors, which could trigger ICE scrutiny or place you in removal proceedings.
- Consult an immigration attorney immediately if you are detained, placed in removal or fear potential arrest.
Immigrant advocates have urged lawful permanent residents to consider applying for US citizenship at the earliest possible opportunity.
Citizenship is your best defense against the unpredictable landscape of immigration enforcement. Know your rights, keep informed of changing policies and never sign any ICE or DHS document without speaking to a qualified immigration attorney.
This article is provided for informational purposes and does not constitute legal advice. For legal help, consult an experienced immigration lawyer or contact our office at Valera & Associates, PC, Metropolitan Washington, D.C.
