Written by Jonathan Aftalion, Esq. — Founding Attorney, Aftalion Law Group
(UCLA BA, Wisconsin JD, Witwatersrand LLM, dual CA + NY licensure, Super Lawyers Rising Stars)
Yes, Lawful Permanent Residents (LPRs) can be deported from the United States. While a green card grants permanent residence, it does not offer absolute immunity from deportation. Under Section 237 of the Immigration and Nationality Act (INA § 237), a green card holder can be placed in removal proceedings and deported for specific criminal convictions, immigration fraud, security violations, or prolonged absences from the U.S.
If you or a loved one are facing potential deportation or ICE enforcement actions, working with an experienced deportation defense attorney immediately can help protect your legal residency.
At Aftalion Law Group, we help families navigate evolving immigration policies. Below is a breakdown of why green card holders face removal and how you can protect your status.
Key Takeaway: A Green Card is “Permanent Residency,” not a guarantee of permanent stay. Only U.S. Citizenship provides absolute protection from deportation.
Is Trump Deporting People with Green Cards Under Current Policies?
A common question among green card holders is whether changing political administrations affect Lawful Permanent Resident status and will Trump deport legal immigrants or targeted status holders.
Executive enforcement orders frequently shift focus toward stricter immigration enforcement. Under expanded Department of Homeland Security (DHS) enforcement guidelines:
Legal Immigrants Are Not Automatically Exempt: Holding a green card protects you from general undocumented immigration enforcement, but not if you have a deportable criminal record, outstanding immigration warrant, or prior fraud finding.
Expanded Priority Lists: Federal enforcement priorities often place higher scrutiny on green card holders who have convictions for aggravated felonies, crimes involving moral turpitude (CIMT), or drug-related offenses.
Travel Scrutiny: Re-entering the U.S. after international travel can trigger background checks at Ports of Entry, exposing dormant criminal records or past violations.
Key Takeaway: Policy shifts do not eliminate statutory legal protections under the INA, but they do increase enforcement vigilance. Consultation with a removal defense attorney before traveling outside the U.S. with a criminal record is strongly recommended.
How the Removal Process Works
What Crimes or Offenses Can Lead to Deportation for Green Card Holders?
Not all criminal convictions result in removal, but specific classes of crimes automatically make a Lawful Permanent Resident deportable under federal law:
| Category | Example Offenses | Legal Basis |
| Aggravated Felonies | Murder, rape, drug trafficking, firearms trafficking, theft/fraud over $10,000 | INA § 101(a)(43) |
| Crimes Involving Moral Turpitude (CIMT) | Theft, fraud, domestic violence, aggravated assault (committed within 5 years of admission) | INA § 237(a)(2)(A)(i) |
| Controlled Substance Violations | Any drug-related conviction (except simple possession of 30g or less of marijuana) | INA § 237(a)(2)(B)(i) |
| Domestic Violence & Firearm Offenses | Domestic battery, stalking, child abuse, illegal possession of firearms | INA § 237(a)(2)(E) |
| Immigration Fraud | Marriage fraud, false claim to U.S. citizenship, document fraud | INA § 237(a)(1)(G) |
Possible Defenses: How to Fight Removal
Being placed in removal proceedings is challenging, but options exist. Common legal defenses include:
Cancellation of Removal (INA § 240A(a)): For long-term permanent residents (5+ years as an LPR, 7+ years continuous U.S. residence) who have good moral character and no aggravated felonies.
212(h) Waivers: Forgiveness for certain criminal acts based on “extreme hardship” to a U.S. citizen or permanent resident family member.
Post-Conviction Relief: Vacating or modifying an unconstitutional state criminal conviction with an immigration criminal defense attorney.
How Aftalion Law Group Can Help
At Aftalion Law Group, our experienced team works with green card holders facing deportation risk by:
Assessing individual risk factors and recent policy impacts
Representing clients throughout the immigration court process
Preparing and filing applications for relief, waivers, or cancellation of removal
Coordinating immigration strategy alongside related legal matters
Providing tailored guidance on compliance and documentation obligations
We assist clients in understanding how federal immigration policies apply to their unique circumstances and in developing strategies grounded in current immigration law.
FAQ
Yes. Spending extended periods outside the United States without proper planning or documentation can be considered abandonment of residency and may lead to removal proceedings. Maintaining strong ties to the U.S. and planning re-entry carefully can reduce this risk.
Expedited removal may be triggered if authorities determine a person is inadmissible or removable upon inspection. Recent policy updates have allowed broader use of expedited removal procedures beyond border regions, increasing the need for awareness of rights and defenses.
Yes. Certain historical criminal convictions, even if resolved long ago, can still be grounds for deportation if they meet specific immigration definitions of deportable offenses. Legal analysis is necessary to determine how past offenses may impact your status.
Take Action to Protect Your Green Card
Understanding the risks and obligations of lawful permanent residency is essential for green card holders and their families. At Aftalion Law Group, we provide clarity, comprehensive support, and strategic guidance to help you navigate removal proceedings and safeguard your status.
Contact us today at (424) 270-6767 or visit our website to schedule a consultation and learn how we can help you protect your green card and your future in the United States.
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