Stricter Policies Add Risks for Green Card Holders With Criminal Records

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Key Takeaways

Stricter deportation policies, starting February 2025, target green card holders with criminal records, including minor offenses, under expanded enforcement measures.
Crimes involving moral turpitude, aggravated felonies, and drug-related convictions make lawful permanent residents deportable under specific Immigration and Nationality Act provisions.
Travel re-entry denials, increased fraud checks, and citizenship restrictions amplify risks for green card holders under intensified scrutiny and local-federal cooperation.

Recent changes in U.S. immigration policy have created more challenges for green card holders with criminal backgrounds. As of February 2025, stricter enforcement measures from the Trump administration have heightened the risks for lawful permanent residents facing deportation based on criminal grounds. Green card holders now face stronger scrutiny in areas ranging from legal offenses to their travel and residency histories.

How the Immigration and Nationality Act (INA) Affects Green Card Holders

Stricter Policies Add Risks for Green Card Holders With Criminal Records

The Immigration and Nationality Act (INA) sets the legal framework governing deportation for green card holders. Various acts, especially those labeled as criminal offenses, can lead to deportation. Recent shifts in immigration enforcement have made these regulations more rigidly implemented.

Crimes Involving Moral Turpitude (CIMTs)

One of the main categories under the INA that exposes green card holders to removal is crimes involving moral turpitude (CIMTs). These crimes include fraud, theft, and acts causing serious harm. For green card holders, a single CIMT within five years of obtaining permanent residency can trigger deportation if the potential sentence is at least one year. This means that even relatively minor criminal acts, such as shoplifting, could place a green card holder at risk.

Aggravated Felonies

Even more dangerous for green card holders are convictions under the category of aggravated felonies, defined in INA Section 101(a)(43). Serious crimes such as drug trafficking, murder, rape, and certain large-value frauds fall into this group. For example, theft or fraud involving losses exceeding $10,000 or money laundering over the same amount can lead to removal proceedings. A conviction for an aggravated felony usually results in automatic deportation proceedings, leaving few paths for appeal.

Drug-Related Convictions

Controlled substance violations are yet another major factor outlined in INA Section 237(a)(2)(B)(i). Under this provision, green card holders convicted of crimes involving drugs, other than small-scale marijuana possession (30 grams or less), face deportation. This category encompasses offenses ranging from personal use to drug trafficking and makes any drug-related conviction exceptionally risky.

Domestic Violence and Firearms-Related Offenses

The INA also identifies crimes related to domestic violence, stalking, child abuse, and firearms possession or sale as deportable offenses. For instance, green card holders convicted under INA Section 237(a)(2)(E) for domestic violence or INA Section 237(a)(2)(C) for firearms-related violations can face deportation.

Expanded Enforcement and Heightened Risks

The 2025 immigration policies under the Trump administration have further increased deportation efforts. As reported by VisaVerge.com, executive orders have enhanced surveillance of green card holders and enforced stricter measures for identifying deportable individuals. Policies now target broader groups of people, including those with minor offenses. Heightened scrutiny involves multiple facets of life, such as routine travel, green card renewals, and possible fraud investigations.

Travel Restrictions

Travel policies for green card holders have tightened. Those from countries under travel bans or with past criminal activity may face questioning or even denial of re-entry. This situation puts lawful permanent residents in a challenging position, making it vital to understand their rights and the potential risks when traveling abroad.

Citizenship and Good Moral Character

For those pursuing U.S. citizenship, criminal convictions bring additional complications. The pathway to citizenship requires applicants to show “good moral character” during at least five years leading up to their application. Serious criminal offenses or repeat offenses can disqualify green card holders from achieving naturalization. Even minor charges like simple assault may affect an individual’s application depending on how the crime is legally classified.

State and Local Coordination with Immigration Authorities

Recent policy changes have encouraged local and state police to work more closely with federal immigration authorities. Programs like Project 2025 create greater cooperation between these agencies. As a result, law enforcement may identify potential deportable offenses more easily, even when the offense in question appears minor. This increases the chances of green card holders being flagged for immigration enforcement.

Challenges with Fraud Investigations

Green card holders now also face rising challenges when renewing their status or applying for citizenship. Fraud investigations have intensified, with immigration officials conducting more detailed reviews of applications. Apart from the usual document submissions, green card holders may now be subject to in-person interviews or home visits as part of the investigative process.

Strategies to Protect Immigration Status

Green card holders concerned about their status need to take specific actions to safeguard their residency rights. Avoiding criminal activity is one of the most important steps. Even minor infractions, such as petty theft or disorderly conduct, could result in cases being escalated under amplified enforcement priorities.

Maintaining strong ties to the United States is also vital. Simple measures like filing U.S. tax returns, keeping a permanent residence in the country, and limiting extended stays abroad can help demonstrate the intent to remain a U.S. resident. For those who travel frequently or for extended periods, obtaining a re-entry permit is another practical step. This document signals the individual’s intention to keep their permanent residence in the United States, reducing complications upon re-entry.

Role of Immigration Attorneys

Given the complexity and risks of the current environment, seeking legal support has become more essential than ever for green card holders with criminal backgrounds. Immigration attorneys can help identify whether certain criminal convictions qualify as deportable offenses under the INA. They can also help individuals explore relief options, such as waivers, for particular offenses. In some cases, evidence of rehabilitation and the severity of the crime may influence eligibility for relief.

Implications for the Future

Policy proposals under development may bring even stricter measures for green card holders with criminal backgrounds. Changes being debated include freezing some green card applications and limiting legal immigration pathways. Although not yet implemented, these policies signal a future of increased restrictions, especially for those with past criminal records. Green card holders, therefore, must remain informed and prepared for potential new developments that could affect their status.

Concluding Thoughts

The landscape for green card holders with criminal backgrounds is becoming increasingly challenging. Expanded enforcement efforts and broader deportation priorities have significantly increased the risks even for individuals with minor infractions. Green card holders must act responsibly, remain informed about the consequences of criminal activity, and take steps like maintaining U.S. ties or obtaining re-entry permits. Seeking guidance from immigration attorneys is also a wise choice for anyone whose past actions may be subject to intensified scrutiny.

Understanding the provisions of the Immigration and Nationality Act and how specific offenses are classified under immigration law is fundamental. More than ever, green card holders need to be proactive in protecting their residency and navigating the evolving immigration policies in an informed and lawful manner. By staying vigilant and prepared, green card holders can better safeguard their future in the United States while minimizing risks in this increasingly uncertain environment.

For more detailed information on deportation grounds, green card holders can visit the U.S. Citizenship and Immigration Services page on deportation laws.

Learn Today

Green Card Holder → A lawful permanent resident of the U.S. authorized to live and work indefinitely in the country.
Crimes Involving Moral Turpitude (CIMTs) → Legal offenses involving dishonesty or inherently immoral conduct, such as fraud or theft, which may lead to deportation.
Aggravated Felony → A serious crime under U.S. immigration law, including murder, drug trafficking, or significant fraud, triggering automatic deportation.
Good Moral Character → A legal standard requiring lawful behavior and ethical conduct, often assessed during naturalization applications for U.S. citizenship.
Re-Entry Permit → A travel document proving a green card holder’s intent to maintain U.S. residency despite extended travel abroad.

This Article in a Nutshell

Green Card Holders Face Stricter Scrutiny Under New Policies

Recent U.S. immigration policy changes intensify risks for green card holders with criminal records. Minor infractions, like petty theft, now trigger potential deportation due to stricter enforcement of the Immigration and Nationality Act. Green card holders must stay informed, maintain ties to the U.S., and seek legal guidance to protect their status.