What to Do If You Have a Green Card and You Are Arrested?

Quick Answer If you have a green card and are arrested, stay calm, remain silent, and ask for an attorney immediately. As a lawful permanent resident, you have constitutional rights that apply regardless of your immigration status. Not every arrest leads to deportation, but convictions for certain crimes, including aggravated felonies and crimes of moral turpitude, can put your green card at serious risk. Seeking qualified legal counsel right away is the most important step you can take to protect your status and your future.

Key Takeaways

• You have the right to remain silent and the right to an attorney as a permanent resident, regardless of who is in office.
• An arrest alone does not automatically affect your green card, but a conviction for certain crimes can trigger removal proceedings.
• California’s TRUST Act and Values Act limit local law enforcement from assisting ICE in many situations, offering added protections.
• Aggravated felonies, crimes of moral turpitude, and drug-related offenses carry the highest risk to your permanent resident status.
• Acting fast and hiring a bilingual criminal defense attorney familiar with immigration consequences can make a decisive difference.

Understanding What a Green Card Arrest Actually Means

Being arrested as a green card holder is frightening, but it helps to understand what is actually happening legally. An arrest is not the same as a conviction. Law enforcement detains you based on probable cause, but that does not mean you will be found guilty, and it does not automatically end your permanent residency.

That said, the criminal justice process and immigration law are deeply connected. Immigration authorities review your criminal background when you apply for citizenship and at other key points during your residency. Certain outcomes, including convictions for specific categories of crimes, can trigger removal proceedings and jeopardize your ability to remain in the United States.

Understanding the distinction between what can happen and what will happen requires reviewing the specific charges, the jurisdiction, and how your case resolves. This is why working with an experienced criminal defense attorney who understands immigration consequences is critical from the very first day of your case.

Your Rights as a Green Card Holder Under the U.S. Constitution

The U.S. Constitution protects all persons on American soil, including lawful permanent residents. These protections do not change based on presidential administration or shifting immigration policies.

Amendment	What It Protects	What It Means for You
Fourth Amendment	Unreasonable searches and seizures	Law enforcement generally needs a warrant to search your home, car, or belongings. You may decline a warrantless search.
Fifth Amendment	Self-incrimination	You are not required to answer questions from police or immigration agents. You have the right to remain silent.
Sixth Amendment	Right to counsel and fair trial	You have the right to an attorney. If you cannot afford one, the court must provide one.
Fourteenth Amendment	Due process of law	The government cannot deprive any person of life, liberty, or property without due process.

These rights apply to you. Use them. One of the most common and costly mistakes green card holders make after an arrest is speaking to law enforcement without an attorney present.

The Difference Between an Arrest and a Conviction

This distinction matters enormously when it comes to your immigration status.

An arrest is when law enforcement detains you based on probable cause that you committed a crime. Being arrested does not mean you are guilty, and in many cases, charges are reduced or dismissed before reaching a verdict.

A conviction occurs when a court formally finds you guilty of a crime after a trial, or when you enter a guilty plea. Under immigration law, a conviction requires both a formal finding of guilt (by a judge, jury, or guilty plea) and the imposition of some form of punishment, including a fine, probation, or imprisonment.

While certain arrests may trigger immigration scrutiny, it is generally the conviction that creates formal grounds for deportability. There are exceptions: certain drug-related conduct can trigger deportability even without a formal conviction under federal immigration law. A dismissed or reduced charge may significantly reduce your immigration risk, but even dismissed cases may require legal clarification in future immigration proceedings.

What Crimes Put Your Green Card at Greatest Risk?

Not all criminal charges carry the same immigration consequences. Federal immigration law, specifically the Immigration and Nationality Act (INA), identifies specific categories of crimes that can lead to deportation and loss of permanent resident status.

Aggravated Felonies

Aggravated felonies carry the most severe immigration consequences. Under INA Section 101(a)(43), aggravated felonies include:

• Murder, rape, and sexual abuse of a minor
• Drug trafficking offenses
• Firearms trafficking
• Theft or burglary with a sentence of one year or more
• Fraud or deceit with a loss to the victim exceeding $10,000
• Money laundering over $10,000
• Crimes of violence with a sentence of one year or more

A green card holder convicted of an aggravated felony is generally subject to mandatory removal and is permanently barred from returning to the United States.

Crimes Involving Moral Turpitude (CIMT)

Crimes involving moral turpitude typically involve dishonesty, fraud, or conduct considered contrary to accepted moral standards. Examples include theft, fraud, murder, voluntary manslaughter, domestic violence (in certain circumstances), and perjury. A single CIMT committed within five years of being admitted, with a potential sentence of one year or more, can make a permanent resident deportable. Two or more CIMTs at any time can also trigger removal.

Drug-Related Offenses

Drug offenses are particularly complex. Federal immigration law can render a green card holder deportable for a drug-related conviction, and in some circumstances, even for an admission to drug use or possession. Simple possession of marijuana, even in California, where it is legal under state law, can still create federal immigration consequences. California Proposition 47 (2014), which reduced certain felonies to misdemeanors, may reduce the immigration impact of some convictions, but this requires careful legal analysis.

Domestic Violence and Related Crimes

Convictions for domestic violence, stalking, child abuse, child neglect, and violations of protective orders are grounds for deportability under INA Section 237(a)(2)(E).

Firearms Offenses

Unlawfully purchasing, selling, or possessing a firearm is a ground for deportation under INA Section 237(a)(2)(C). This applies even if the offense is a misdemeanor under state law in some circumstances.

 

Crime Category	Immigration Risk	Possible Consequence
Aggravated Felony	CRITICAL	Mandatory removal, permanent bar
Crime of Moral Turpitude (1st, within 5 years)	HIGH	Deportation, inadmissibility
Two or More CIMTs (any time)	HIGH	Deportation
Drug Trafficking	CRITICAL	Mandatory removal
Drug Possession (simple)	MODERATE to HIGH	Deportation, depending on the substance
Domestic Violence Conviction	HIGH	Deportation under INA 237(a)(2)(E)
Firearms Offense	HIGH	Deportation under INA 237(a)(2)(C)
DUI (first offense, no injury)	LOWER (but still a risk)	Generally not CIMT; analyze each case

 

How California Law Provides Added Protections

California has enacted several laws that limit cooperation between local law enforcement and federal immigration authorities. These laws provide meaningful protections for green card holders living in California.

The TRUST Act (AB 4, 2013)

California’s Transparency and Responsibility Using State Tools Act was one of the first state-level laws restricting immigration detainer compliance. Under the TRUST Act, California law enforcement agencies may only honor ICE detainer requests for individuals who have been convicted of serious or violent felonies or have a current charge for such an offense, as defined by California law.

The California Values Act (SB 54, 2017)

The California Values Act, codified at California Government Code Section 7284 et seq., further limits how state and local law enforcement agencies can assist federal immigration enforcement. Under this law:

• California law enforcement agencies cannot use resources to investigate, interrogate, detain, or arrest people for immigration enforcement purposes
• Agencies cannot ask about immigration status during unrelated arrests or detentions
• Information gathered during routine policing generally cannot be shared with immigration authorities for enforcement purposes

These protections are meaningful but not absolute. Federal agents can still conduct independent immigration enforcement operations, and exceptions exist for individuals convicted of certain serious offenses.

What This Means for You in Orange County and Santa Ana

If you are arrested by local Orange County law enforcement or Santa Ana police, California law generally limits their ability to assist ICE in placing an immigration hold on you without your consent, unless you have been convicted of serious crimes. However, if federal agents, including ICE and U.S. Marshals, are involved directly, California state law does not restrict their authority. Knowing this distinction is essential.

What to Do If You Are Stopped by Police in California

Knowing what to do in the first moments of a police encounter can protect both your criminal case and your immigration status. Here is what we advise every permanent resident to remember:

• Stay calm and be respectful. Becoming agitated or confrontational with officers only worsens your situation. You can comply with instructions while still asserting your rights.
• Ask if you are free to leave. If an officer has not detained you, you have the right to walk away. Ask clearly: ‘Am I free to go?’
• If detained, exercise your right to remain silent. You are not required to answer questions beyond providing your name in California. Say clearly: ‘I am invoking my right to remain silent’ and ‘I want to speak to my attorney.’
• Do not consent to searches. If an officer asks to search your car, bag, or home, you have the right to decline. Say: ‘I do not consent to this search.’
• Do not lie. While you have the right to remain silent, providing false information to law enforcement is itself a crime and can seriously harm your immigration case.

Documents to Carry at All Times

• Your lawful permanent resident card (green card)
• A photocopy of your green card kept separately from the original
• Government-issued photo ID
• Contact information for your criminal defense attorney
• Your A-Number (Alien Registration Number)
• Emergency contact information for a trusted family member

What to Do If ICE Agents Come to Your Home

Home visits by ICE agents are particularly stressful, but you have important rights that you must understand before this situation arises.

Do not open your door. Ask through the closed door whether the agents have a judicial warrant signed by a federal judge. There are two types of warrants you may encounter:

Warrant Type	Issued By	Authorizes Home Entry?	What to Do
Judicial Warrant	Federal Judge or Magistrate	YES, if it names you and your address	Ask to see it; verify your name and address before opening the door
Administrative Warrant (Form I-200 or I-205)	ICE Immigration Official	NO, not without your consent	You are not required to open the door; communicate through the closed door

 

If there is no warrant or only an administrative warrant, you may communicate through the closed door by saying: ‘I do not consent to your entry without a judicial warrant.’ Ask agents to slide any paperwork under the door so you can review it without opening the door.

What to Do If You Are Arrested or Detained by ICE

If immigration agents arrest you outside your home, at a traffic stop, or at a checkpoint, follow these steps:

1. Remain calm and do not physically resist. Physical resistance can result in additional criminal charges that will make your immigration case far more difficult.
2. Immediately invoke your rights: ‘I am invoking my right to remain silent. I want to speak to an immigration attorney before I answer any questions. I do not consent to any searches.’
3. Contact your attorney as soon as possible. If you do not have one, request to make a phone call to a family member or legal representative.
4. Note or memorize officer information, including badge numbers, officer names, and agency affiliation. This can be important if your rights were violated.
5. Request your A-Number (Alien Registration Number), which your attorney needs to access your immigration records.
6. Invoke your Vienna Convention rights. Under Article 36 of the Vienna Convention on Consular Relations, you have the right to have your home country’s consulate notified of your detention.
7. Do not sign anything without your attorney present. Signing Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) means voluntarily giving up your green card. Never sign this under any circumstances without legal advice.

Understanding an Immigration Hold or Detainer

After an arrest by local law enforcement, ICE may place an immigration detainer (Form I-247), requesting that the jail hold you beyond your scheduled release date so ICE can take custody.

In California, under the TRUST Act and the Values Act, local jails generally cannot hold individuals solely based on an ICE detainer, unless the person has been convicted of certain serious crimes listed under California law. However, individuals held in federal facilities are not protected by these California laws.

If you believe an immigration hold has been placed on you without legal justification, your attorney can challenge the detainer and seek your release.

Can You Fight Deportation After an Arrest?

Yes. Being placed in removal proceedings does not mean deportation is inevitable. Several legal defenses and forms of relief may be available depending on your specific circumstances:

Form of Relief	Basic Eligibility Requirements
Cancellation of Removal (LPR)	Must have held a green card for at least 5 years, lived in the U.S. continuously for at least 7 years after admission, and not been convicted of an aggravated felony
Asylum / Withholding of Removal	Must show persecution or serious risk based on race, religion, nationality, political opinion, or particular social group in the home country
Adjustment of Status	May apply in certain circumstances involving family petitions or other qualifying categories, even during removal proceedings
Motion to Vacate (CA Penal Code 1473.7)	Available if the original guilty plea was entered without full advisement of immigration consequences; allows for vacating the conviction
Post-Conviction Relief / Expungement (CA PC 1203.4)	May clear certain criminal records after probation, but does NOT eliminate federal immigration consequences; must be analyzed by an immigration attorney

Real-World Scenario: A Green Card Holder Facing Charges in Orange County

Consider a situation we see regularly. A lawful permanent resident living in Anaheim has held a green card for eight years. He is arrested on DUI charges following a traffic stop in Santa Ana. He has no prior criminal history.

At first glance, a DUI may seem like a straightforward criminal matter. However, depending on how the case is charged and resolved, immigration consequences can follow. A standard first-offense DUI in California that results in a conviction is generally not considered a crime of moral turpitude or an aggravated felony. However, aggravating factors such as injury to another person, an excessively high BAC, or prior convictions change the analysis significantly.

By working with a criminal defense attorney who understands both California criminal law and immigration law from the start, our client was able to have the charge resolved in a manner that minimized immigration risk. This outcome would not have been possible had he waited until after sentencing to consider the immigration impact. The criminal defense strategy and the immigration strategy must work together from day one.

What to Do in the First 24 Hours After an Arrest

The hours immediately following an arrest are critical. Here is what to do:

1. Stay silent. Do not answer questions from police or immigration agents without an attorney present.
2. Request an attorney immediately. You are entitled to one. For cases involving immigration consequences, seek a private criminal defense attorney with knowledge of immigration law.
3. Contact a trusted family member or friend. They can begin locating legal representation and gathering resources on your behalf.
4. Write down everything you remember. As soon as possible, document the circumstances of your arrest: what was said, who was present, and what happened.
5. Do not contact alleged victims or witnesses. This can be used against you and may result in additional charges.
6. Call the Law Office of Sheny Gutierrez. We provide bilingual representation in English and Spanish. We are available 7 days a week and offer free consultations.

Legal References and Statutes Cited

• U.S. Constitution, Fourth, Fifth, Sixth, and Fourteenth Amendments
• Immigration and Nationality Act (INA), Section 101(a)(43) (Aggravated Felony Definitions)
• Immigration and Nationality Act (INA), Section 237(a)(2)(A) (Crimes of Moral Turpitude)
• Immigration and Nationality Act (INA), Section 237(a)(2)(B) (Drug Offenses)
• Immigration and Nationality Act (INA), Section 237(a)(2)(C) (Firearms Offenses)
• Immigration and Nationality Act (INA), Section 237(a)(2)(E) (Domestic Violence)
• Immigration and Nationality Act (INA), Section 240A(a) (Cancellation of Removal for LPRs)
• Vienna Convention on Consular Relations, Article 36 (Consular Notification Rights)
• California Government Code Section 7284 et seq. (California Values Act / SB 54, 2017)
• California AB 4 (TRUST Act, 2013)
• California Penal Code Section 1203.4 (Expungement)
• California Penal Code Section 1473.7 (Motion to Vacate for Immigration Consequences)
• California Proposition 47 (2014) (Felony Reduction to Misdemeanor)

Facing a Criminal Charge in California with a Green Card? We Can Help.

If you or a family member holds a green card and has been arrested in California, do not wait. The decisions you make in the first hours and days of your case can have permanent consequences for your immigration status and your future in this country. At the Law Office of Sheny Gutierrez, we have over 15 years of experience in criminal defense throughout Southern California. As a bilingual firm serving English- and Spanish-speaking clients, we understand the unique challenges faced by the immigrant community in Orange County and beyond. Attorney Sheny Gutierrez serves as a criminal defense attorney for the Mexican Consulate, reflecting the deep trust our firm has earned within the community. We offer free consultations and are available 7 days a week. Se habla español.