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By Nick Mordowanec
Staff Writer
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Ernesto Toledo, a green card holder who has lived in Chicago for almost two decades, was released from U.S. Immigration and Customs Enforcement (ICE) custody in Kentucky after being detained for more than three months upon his return 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 detained by federal agents at O'Hare International Airport on June 19. According to the outlet, he was apprehended for a crime he committed more than a decade ago, though the crime itself was never mentioned.
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The detention touches on ongoing concerns about how the federal government treats green card holders, also known as lawful permanent residents, with decades‑old convictions.
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What To Know
ICE detained Toledo on grounds related to a criminal conviction more than a decade old that immigration officials said rendered him subject to deportation proceedings.
Toledo's family said he endured harsh conditions while detained, including five days in a freezing room at O'Hare and four days at a separate ICE facility that lacked beds and had broken showers. Similar claims have been made by detainees and the families of other detainees in federal custody.
Other recent green card cases that have garnered widespread attention include Dale Heath's. The Colorado husband and father who has resided in the United States for more than 30 years is facing deportation over a marijuana possession charge from his teenage years.
Jimenez Rosa, who legally immigrated to the U.S. more than 20 years ago when she was 9 years old, was detained by ICE authorities on August 11 at Boston Logan International Airport after returning from a vacation with her husband and children in Mexico. She, too, has a decades-old marijuana conviction.
Immigration attorney Peter Lumaj told Newsweek via email that he believes LPRs [lawful permanent residents] are not being broadly targeted by ICE; rather, they are targeting groups that may have become deportable due to certain requirements that LPRs are supposed to abide by.
"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 a criminal conviction, immigration fraud, a national security concern, or abandoning the residency."
Certain criminal convictions, such as aggravated felonies or crimes involving moral turpitude, especially those with criminal convictions that are considered deportable offenses, can lead to removal proceedings and may make a green card holder deportable, he added.
"In some cases, the government may target green card holders for detention or deportation based on national security concerns or speech perceived to have adverse foreign policy consequences," Lumaj said, adding that failing to maintain the U.S. as a primary residence without proper authorization can be considered abandonment.
What People Are Saying
A U.S. Customs and Border Protection spokesperson previously 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 is set to proceed through immigration channels if ICE or federal prosecutors pursue removal.
Updated 8/29/25, 12:57 p.m. ET: This story was updated with remarks from Lumaj.
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