News & Insights

1. Why Are LPRs Detained at the Border?

Lawful permanent residents are generally entitled to return to the U.S., but certain actions or conditions can raise legal questions about their status.

Key Reasons Include:

• Criminal Convictions: Even old convictions may lead to detention if DHS believes they make the individual deportable under the Immigration and Nationality Act (INA).
• Extended Time Abroad: Spending more than six months outside the U.S. can trigger scrutiny about whether the person abandoned their residency.
• Fraud or Misrepresentation: Any suspicion of fraudulent entry or false claims to U.S. citizenship can result in detention.

2. Grounds for Deportation vs. Inadmissibility

The DHS typically charges detained LPRs under grounds of deportation (INA § 237; 8 U.S.C. § 1227) rather than grounds of inadmissibility (INA § 212; 8 U.S.C. § 1182).

INA § 237 (Grounds for Deportation):

Focuses on actions committed after the individual became an LPR, such as:

• Criminal offenses
• National security risks
• Public charge issues (in limited circumstances)

INA § 212 (Grounds for Inadmissibility):

Applies to individuals seeking to enter the U.S., including returning LPRs. Common grounds include:

• Certain medical conditions
• Immigration violations (e.g., unlawful presence)
• Criminal history

3. Common Outcomes of Border Detention

If detained, an LPR might:

• Be Released After Initial Screening: Minor issues are often resolved quickly.
• Be Placed in Removal Proceedings: DHS files charges, and the individual appears before an immigration judge to contest their deportability.
• Request Bond: Depending on the charges, the individual may be eligible for bond while proceedings are pending.

4. What LPRs Should Do if Detained

Remain Calm and Seek Legal Representation

An immigration attorney can help navigate removal proceedings and provide a defense based on your specific circumstances.

Gather Documentation

Proof of residency, family ties, employment, and rehabilitation (if applicable) strengthens your defense.

Understand Your Rights

• You are entitled to a hearing before an immigration judge.
• You may challenge the charges or apply for relief, such as Cancellation of Removal for LPRs.

5. Key Legal Foundations

• INA § 237: Governs deportation proceedings for LPRs.
• INA § 212: Governs inadmissibility standards for individuals entering the U.S., including returning LPRs.
• Case Law: Important rulings provide guidance on how these provisions are applied in specific circumstances.

Authoritative Resources

• U.S. Department of Justice – Removal Proceedings Overview
• USCIS Guidance on Returning Residents
• INA Text: Immigration and Nationality Act