Thẻ Xanh Mỹ Đừng Làm Điều Này: Congress May Expand ICE Powers to Arrest Shoplifters 2026
A new congressional proposal could grant ICE authority to detain immigrants for shoplifting offenses, creating serious immigration consequences for green card holders and visa applicants.
A legislative proposal currently being considered in Congress would significantly expand the enforcement powers of U.S. Immigration and Customs Enforcement (ICE), potentially allowing the agency to pursue and detain individuals—including green card holders and visa applicants—for shoplifting and other retail theft offenses.
Currently, ICE focuses its enforcement efforts primarily on individuals with serious criminal histories or those who pose national security threats. The proposed expansion would lower that threshold considerably, making minor theft offenses a potential trigger for immigration enforcement action.
For EB-3 applicants and green card holders, this development carries serious implications. A shoplifting charge, even a minor one, could be classified as a crime involving moral turpitude (CIMT), which can render an applicant inadmissible or a green card holder deportable. The risk is especially significant for those whose cases are still pending.
Immigration attorneys strongly advise all green card holders and visa applicants to avoid any conduct that could result in an arrest or criminal charge, no matter how minor it may seem. Even charges that are later dropped or result in small fines can trigger scrutiny from USCIS or ICE during adjustment of status interviews or green card renewals.
If this legislation passes, it would represent one of the most significant expansions of ICE's civil enforcement mandate in recent years. Individuals in the EB-3 pipeline or awaiting naturalization should monitor this development closely and consult with an immigration attorney if they have any prior minor offenses on record.
A California federal court blocked enforcement of the proclamation-based $100,000 H-1B payment requirement on Sept 30, 2026. The ruling — the second such block — bars USCIS, CBP, and the State Department from collecting the fee until proper rulemaking occurs.
The American Immigration Council filed a lawsuit challenging Trump-Vance administration policies that put green card applicants at risk of family separation, raising due process concerns for EB-3 and other employment-based applicants.
The October 2026 Visa Bulletin opened I-485 filing windows for some EB-3 and EB-4 applicants, but filing does not prevent ICE enforcement. BIA precedent in Matter of Ho may require Immigration Judges to hold cases in abeyance when retrogression is the sole barrier to adjustment approval.