New immigration laws mandate detention for green card holders facing criminal charges

On February 28, 2025, the Massachusetts Department of Early Education and Care hosted a "Know Your Rights" presentation aimed at educating community members about immigration laws and their implications. The meeting highlighted critical information regarding the rights of immigrants, particularly focusing on the legal challenges faced by green card holders and undocumented individuals.

A key point discussed was the importance of attending immigration court hearings. Missing a hearing can lead to immediate mandatory detention and deportation without the opportunity to present one's case before a judge. This underscores the necessity for individuals in removal proceedings to seek legal counsel, especially those who have been in the U.S. for less than two years.

The presentation also addressed the complexities surrounding criminal charges for green card holders. It was noted that even minor offenses, such as possession of marijuana—which is legal in Massachusetts but illegal federally—can have severe consequences. If a green card holder is convicted of such an offense and later attempts to re-enter the U.S., they may face mandatory detention and deportation, transforming what might have been a non-deportable offense into a significant legal issue.

Additionally, the meeting introduced the Lake and Riley Act, which expands the scope of mandatory detention for various offenses, including theft and domestic violence. This law eliminates the possibility of bail for those detained under its provisions, raising concerns about the rights of individuals facing such charges.

The discussion emphasized that being in the U.S. without proper documentation is not a crime in itself; rather, the illegal act pertains to how one crosses the border. Many individuals may overstay their visas or enter the country legally but later face challenges due to changes in immigration policy.

The presentation concluded with a reminder of the fundamental rights that all individuals possess, including protection from unlawful search and seizure in their homes, applicable to various living situations such as group homes and shelters. This information is crucial for fostering awareness and understanding of legal rights among immigrant communities in Massachusetts.

As the landscape of immigration law continues to evolve, the Department of Early Education and Care's efforts to inform the public about these rights are vital in ensuring that individuals are equipped to navigate the complexities of the legal system.