Ernesto Toledo, a green card holder who has lived in Chicago for nearly 20 years, has been released from U.S. Immigration and Customs Enforcement (ICE) custody in Kentucky. He had been detained for more than three months after returning from his sister’s funeral in the Philippines.
Newsweek has contacted ICE and the Department of Homeland Security via email for comment.
Why It Matters
Toledo, described by Fox 32 Chicago as a husband, father, and businessman, was stopped by federal agents at O’Hare International Airport on June 19. Officials said the detention was connected to a crime he committed more than a decade ago, though they did not specify what the crime was.
The case highlights ongoing concerns about how the U.S. government handles long-time green card holders who have old convictions.
What To Know
ICE claimed Toledo was subject to deportation because of his criminal record from years ago.
His family said he suffered harsh conditions while in custody, including five days in a freezing room at O’Hare and four days at another ICE facility with no beds and broken showers. Similar complaints have been made by other detainees and their families.
Other recent cases have raised similar issues. Dale Heath of Colorado, who has lived in the U.S. for more than 30 years, faces deportation because of a marijuana possession charge from his teenage years. Jimenez Rosa, who immigrated legally as a child more than 20 years ago, was detained at Boston Logan International Airport on August 11 after returning from vacation in Mexico. She also has a decades-old marijuana conviction.
Immigration attorney Peter Lumaj told Newsweek that he does not believe ICE is broadly targeting all green card holders, but rather those who may have become deportable under certain requirements.
“Lawful permanent residents, or green card holders, have rights, but their status does not protect them from removal if they commit certain offenses, such as aggravated felonies or crimes involving moral turpitude,” Lumaj said. “ICE, under the Immigration and Nationality Act of 1965, can target green card holders for detention and deportation, but they are not arbitrarily targeted. The basis for such action is usually a criminal conviction, immigration fraud, national security concerns, or abandoning residency.”
Lumaj added that abandoning the U.S. as a primary residence without proper authorization can also be grounds for removal.
What People Are Saying
A U.S. Customs and Border Protection spokesperson told Newsweek: “A green card is a privilege, not a right, and under our nation’s laws, our government has the authority to revoke a green card if our laws are broken and abused. Lawful Permanent Residents (LPR) presenting at a U.S. port of entry with criminal convictions may be found inadmissible, placed in removal proceedings, and subject to mandatory detention.”
Immigration attorney Louise Carhart told FOX 32 Chicago: “This kind of detention is new under the Trump administration. We were not previously seeing green card holders with 15-year-old misdemeanor convictions being detained at the airport when they re-enter the country.”
What Happens Next
Toledo’s case will continue through immigration channels if ICE or federal prosecutors decide to pursue removal.
