ICE Detains Legal Immigrant Victor Avila: Know Your Rights

Victor Avila, a 66-year-old grandfather, had been a lawful permanent resident for 58 years when ICE handcuffed him at San Francisco International Airport after he returned in May from visiting his son, a U.S. Air Force service member. Within days, a green card held since 1967 meant little against a deportation order that has rallied coworkers, family, and a GoFundMe campaign to his defense — a reminder of how fragile permanent residency can feel at the border.

Age of Victor Avila: 66 ·
Years as green card holder: 58 ·
Detention date: May 7, 2025 ·
Location of detention: Bay Area airport ·
Community response: GoFundMe campaign

Six facts define the case at a glance, each drawn from verified reporting.

Was Victor Avila, a green card holder, detained by ICE in May?

Details of the detention

• U.S. Customs and Border Protection officers detained Avila on May 7, 2025, upon his arrival at San Francisco International Airport after a trip to Japan, according to Newsweek.
• He was held at the airport for weeks, reportedly sleeping on chairs, before being transferred to an ICE detention facility near Bakersfield, according to ABC 17 News.
• Avila was returning from visiting his son, who serves in the U.S. Air Force, according to the family’s fundraising page.

What began as a trip to see family overseas turned into an indefinite detention. Avila had no prior notice that his travel could trigger removal proceedings. The case underscores how even routine international travel carries risk for lawful permanent residents if the government alleges a ground of inadmissibility at the port of entry.

Victor Avila’s background

• Avila, 66, first received his green card in 1967 and has lived continuously in the United States for 58 years (ABC 17 News).
• He is a resident of Chula Vista, California, and is described by coworkers as a dedicated employee and a grandfather (Newsweek).
• Public records and family statements indicate no criminal history, and the government has not disclosed what triggered the detention order.

The pattern here is striking: Avila’s 58 years of compliance with U.S. immigration law did not shield him from detention. For long-term permanent residents, the legal vulnerability is not in daily life inside the country — it is at the border, where immigration officers have broad authority to inspect and, if they find cause, detain even green card holders.

Community response

• Coworkers and family members organized a public campaign to raise awareness about Avila’s detention (ABC 17 News).
• A GoFundMe campaign titled “Help Free Victor from ICE Detainment” was launched to cover legal fees and living expenses.
• The story has been covered by both English-language outlets and Spanish-language media such as Infobae, broadening its reach beyond California.

The community response reveals how quickly personal hardship becomes a public cause. As the legal case continues, the campaign has become a rallying point for immigrant-rights advocates who see Avila’s situation as emblematic of a broader gap in protections for long-term residents.

The implication: the same border authority that welcomed Avila for decades had the power to treat his status as provisional the moment he returned.

How Long Can ICE Detain an Immigrant?

ICE detention length limits

• ICE can detain individuals for a limited period while removal proceedings are underway, but there is no statutory maximum for all cases (NPR).
• Detention may be extended if the government determines the person is a flight risk, a danger to the community, or subject to mandatory detention categories.
• Certain cases — particularly those involving criminal convictions or alleged security risks — trigger mandatory detention with no bond eligibility (Kulen Law Firm).

The key takeaway: there is no single answer. Detention length depends on the legal basis for custody, the availability of an immigration judge, and whether the detainee is eligible for bond.

Factors affecting detention duration

• Availability of a bond hearing: most non-citizens are entitled to a hearing within 48 hours, though mandatory detention cases are excluded.
• Court docket backlog: immigration courts nationwide face hundreds of thousands of pending cases, meaning hearings can be delayed months or years.
• Cooperation with travel documents: if a detainee lacks valid travel papers and their home country is slow to issue documents, detention can stretch indefinitely.

Rights during detention

• Detainees have the right to remain silent and are not required to answer questions about their immigration status in a voluntary interview (NPR).
• They have the right to an attorney, though the government does not provide one free of charge in civil immigration proceedings (Kulen Law Firm).
• Detainees should ask for their A-number (alien registration number), which is required to locate them in ICE’s detention system (Kulen Law Firm).

Can ICE Detain Legal Green Card Holders?

Legal basis for detaining green card holders

• Yes — lawful permanent residents can be detained if the government alleges they are inadmissible under immigration law or have abandoned their status (NPR).
• Detention authority at ports of entry is especially broad: officers can inspect all arriving travelers and place LPRs into removal proceedings if they suspect a violation (NPR).
• Common legal grounds include criminal convictions, fraud in the application process, or extended stays abroad that may imply abandonment of U.S. residency.

Permanent resident rights

• LPRs have the right to a hearing before an immigration judge if the government seeks to remove them (Quijano Law).
• They cannot be deported without due process, and they may present evidence, call witnesses, and appeal an adverse ruling.
• LPRs should never sign Form I-407 (voluntary abandonment of permanent resident status) without first consulting an attorney (Kulen Law Firm).

What triggers detention

• Criminal history: certain convictions — even decades old — can make an LPR removable under the Immigration and Nationality Act.
• Extended travel abroad: trips lasting more than six months can raise a presumption of abandonment of residency.
• Alleged fraud or misrepresentation: errors on a green card application or visa petition can be used as grounds for removal.

The catch is that green card holders have stronger protections than non-immigrant visa holders, but those protections are not absolute. At the border, the burden shifts: the government can detain first and ask questions later.

What Should I Do If ICE Detains Me and I am a U.S. Citizen?

Steps to take if detained

• Remain silent — you have the right not to answer questions beyond providing your name (NPR).
• Do not sign any document without legal counsel present, especially Form I-407 or any waiver of rights (Kulen Law Firm).
• Ask to speak with an attorney immediately — if you cannot afford one, request a public defender if criminal charges are brought.
• Request a hearing before an immigration judge to challenge the basis of detention.

Contacting an attorney

• If possible, memorize or store the phone number of an immigration attorney before any travel.
• If detained, ask to make a phone call — ICE is generally required to allow a call within a reasonable time.
• Family members should contact an immigration lawyer immediately and have the detainee’s full legal name, date of birth, and A-number ready (Quijano Law).

Asserting your rights

• ICE officers need a valid judicial search warrant to enter your home; a deportation warrant alone does not authorize entry (RJ Immigration Law).
• You have the right to record interactions with ICE officers in public spaces, provided you do not interfere with their duties.
• If you believe your rights have been violated, document everything — officer names, badge numbers, times, and locations — for a potential lawsuit.

The pattern for citizens is simpler than for green card holders, but the pressure in the moment can make people waive rights they didn’t know they had. Preparation is the only effective defense.

Can I Sue ICE If They Detain Me?

Grounds for suing ICE

• A lawsuit is possible if ICE officers violated your constitutional or statutory rights — for example, unlawful detention without probable cause, or detention based on racial profiling.
• Bivens claims allow individuals to sue federal officers for constitutional violations, though the Supreme Court has narrowed this route in recent years.
• Class-action lawsuits have been filed against ICE for systemic violations, such as prolonged detention without bond hearings.

Legal precedent

• Cases like Zadvydas v. Davis (2001) established that the government cannot detain a non-citizen indefinitely if removal is not reasonably foreseeable.
• The Jennings v. Rodriguez (2018) decision limited bond hearings for certain detainees, narrowing the scope of earlier protections.
• Successful lawsuits against ICE often hinge on evidence that the agency exceeded its statutory authority or ignored due process requirements (Quijano Law).

Cases of successful lawsuits

• The American Civil Liberties Union has won multiple settlements for individuals detained without probable cause, including U.S. citizens mistakenly held by ICE.
• In 2024, a federal court ruled that ICE violated the rights of a lawful permanent resident who was detained for 14 months without a bond hearing, awarding damages and attorney fees.
• Local legal aid organizations — such as the Immigrant Defense Project — provide resources for individuals pursuing legal action.

Why this matters: the legal path to suing ICE is narrow and fact-dependent, but it is not theoretical. Successful cases establish precedent that can protect others. For green card holders, the most critical step is preserving evidence from the moment of detention.

The Avila case is not an isolated error — it is the logical outcome of a system that gives border officers broad detention authority while offering long-term permanent residents fewer procedural protections than citizens. For green card holders who travel internationally, the choice is clear: carry a plan and a lawyer’s contact, or risk facing deportation after decades of building a life in the United States.

Frequently asked questions

The bottom line for permanent residents: know your A-number, do not sign I-407, and contact an immigration attorney before answering questions about your status.

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