Are You a Green Card Holder? Do You Know Your Green Card Rights?
As we enter the second quarter of 2025, there is still a current of fear running through many immigrant communities regarding the uptick in ICE enforcement operations. A lot of this apprehension is stoked by sensationalist media reports and videos of hysterically crying people on TikTok who have been wronged by ICE.
While social media (and sometimes news stories) can be highly entertaining, they don't always have their facts straight. Sometimes the goal is likes or views, and accuracy can take a backseat in their efforts to appeal to the masses with drama. Self-proclaimed experts on YouTube are sometimes guilty of fear mongering, telling every non-native born American to be afraid, that everyone is going to be deported regardless of lawful status. This is simply not true.
It is important to remember that the goal of this escalation in immigration enforcement operations is to root out criminals who illegally entered the country in recent years. This is an effort to correct the unchecked border crossings which allowed gang members, terrorists and violent criminals from overseas to enter the U.S.. Now the new administration is seeking to remove those people as quickly as possible. With this end in mind, immigration laws are now being enforced that were previously ignored. Below we will clarify some of the most common concerns that people have reached out to us about recently. These specifically speak to concerns of green card holders, or lawful permanent residents (as they are also known).
Green Card Rights Frequently Asked Questions
Is It Safe to Travel Out of The U.S. If I Have A Green Card?
Yes. As a lawful permanent resident, you have the right to travel in and out of the country. However, there is a requirement that you must reside within the U.S. for at least six months out of the year in order to retain lawful permanent residency. If you leave the country for more than six months, you may be detained by U.S. Customs and Border Protection (CBP) for questioning upon re-entry. One of the requirements for keeping permanent resident status is to not move to another country intending to live there permanently, or to travel outside of the U.S. for more than half the year. This has always been the law, but it is now being enforced.
Can CBP Take Away My Green Card?
NO! As a green card holder, one of the rights you have is to due process for removal. Only an immigration judge can take your green card away, by following immigration removal proceedings before which you will be given time to gather documentation and hire an attorney. The people who are on TikTok saying they were denied entry most likely committed immigration violations, have criminal histories, ties to terrorism or other reasons why their green card status is in peril.
According to the USCIS website Rights and Responsibilities of a Green Card Holder (Permanent Resident) | USCIS, your rights as a green card holder include:
- Permanent residence in the U.S. as long as you do not commit any crimes or fraud
- Legal employment in the U.S.
- Protection under all U.S., state and local laws just as citizens are protected under these laws
These rights cannot be taken away by a CBP agent.
The bottom line is that social media sensationalizes situations for likes and this has created some degree of panic. By way of example, recently there was a lot of publicity surrounding an English tourist who visited the U.S. on a tourist visa, was unable to cross into Canada from the U.S. and ended up detained by U.S. Customs. The woman has a video where she talks about how she was mistreated and no one should visit the U.S. What she doesn't explain is that since she worked in exchange for boarding at someone's home in the U.S., she violated her tourist visa. When she was questioned by CBP, she did not have a ticket home or even enough money to purchase one, which makes it look like she had no intention of leaving. She intended to work in Canada as well, which is a violation of their tourist policies and probably led to them denying her entry.
In every country you visit, you must respect their laws for tourism and immigration. Social media does not give a full or accurate picture. People create videos for likes and many times either they don't provide or don't have the full story.
A green card holder is a lawful permanent resident, which makes your status legal and valid. ICE is targeting people present in the United States who are here unlawfully for under two years.
Removal Proceedings for Green Card Holders
As a green card holder, you are legally protected against removal without a fair hearing in front of an immigration judge. If you do get placed in removal proceedings, and receive a Notice to Appear, you can and should hire an attorney to be with you at your hearing. If you do not, one will not be provided for you.
Please be aware that if you commit a crime, some of your protections under lawful permanent residency may be removed. Permanent residents are expected to follow the laws, file their taxes, and (for males ages 18-25) register with the Selective Service.
Recap of Green Card Rights
If you are someone who has lawful status, such as a green card, there are protections in place for you that keep you safe from expedited removals. Only an immigration judge can take away your green card, and that would be after going through the process where you can argue your case. See our Immigration Removal Proceedings in 2025 blog post.
As we mentioned in a previous blog, deportations began immediately after the new administration took office, with anyone who has been in the United States unlawfully for less than two years being the primary targets for arrest and removal. This has drawn considerable media attention. Those who hold visas lawfully are not at risk for this, but many individuals are still worried about how new administrative changes will affect them. Visit our blog post Immigration and Global Mobility during the Second Trump Administration for more information on these changes.
What to Do if You Have Further Questions
For help with this or any immigration questions you may have, fill out the form here to schedule a time to speak with a qualified immigration attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.