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Immigration & Visas

US Supreme Court Allows Border Agents to Detain Green Card Holders with Pending Criminal Charges

Green card holders returning to the US can now be stopped and detained at the border if they have pending charges, even if they haven't been convicted.

Image: Seasoned Expat
By · Jul 15, 2026

AI-ASSISTED Written by the Seasoned Expat intelligence engine from the primary records and reporting linked in this article. Every claim traces to a source. How we report →

The US Supreme Court has ruled that Customs and Border Protection (CBP) officers can detain green card holders at the border if they have pending criminal charges. This decision reverses a lower court ruling that had restricted this power.

The ruling affects any green card holder re-entering the United States who has an outstanding criminal charge, regardless of whether they've been convicted. CBP can now use this authority to hold you at the border pending the outcome of your case.

Green card holders with pending charges can be detained at the border, even before conviction.

If you hold a green card and have any pending legal matters in the US, consult an immigration attorney before traveling abroad. Even a trip home can result in detention and potential removal proceedings. The timing of your return matters—resolve charges before leaving, or be prepared for complications at re-entry.

Source: original report ↗

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