UNDER WATCH: What Immigrants Must Know About ICE in the New Trump Era
By Atty. Arnedo S. Valera
WASHINGTON, D.C. – Since returning to office on January 20, 2025, President Donald J. 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 apprehension and removal 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 U.S. 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 U.S. 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 U.S. 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 U.S., 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.
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 U.S. for import/export compliance and duty enforcement.
Q: What is ICE deportation?
A: This is the legal process of removing individuals from the U.S. 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, 533 U.S. 678 (2001).
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 U.S. citizens.
Q: Can a green card holder vote in U.S. elections?
A: No. Only U.S. citizens can vote in federal elections.
Q: Can a green card holder apply for citizenship before 5 years? A: Yes, if married to a U.S. citizen, you may apply after 3 years. Otherwise, the standard period is 5 years.
Q: How soon can a green card holder become a U.S. citizen? A: After 5 years of continuous residence (3 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 (3 or 5 years).
Q: How long can a green card holder stay outside of the U.S.?
A: Absences under 6 months are usually fine. Over 6 months may raise abandonment concerns. Over 1 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 6 months is low risk. Longer stays require documentation. A reentry permit is advised for trips over 1 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 U.S. 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 U.S. 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 U.S. to naturalize? A: If not married to a U.S. citizen, you must have 5 years of continuous residence.
Q: How long can a U.S. citizen stay abroad? A: Indefinitely. However, long absences may affect taxes or the ability to sponsor family.
Closing
In light of the revived and intensified enforcement agenda under President Trump’s administration, all immigrants—especially those with pending applications or legal complications—should exercise heightened vigilance. 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.
As your legal advocate, I urge all lawful permanent residents to consider applying for U.S. 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.
About the Author:
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.
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