Traveling to or returning to the U.S. has become increasingly difficult for some individuals, including those with valid visas and green cards. In recent weeks, international visitors, visa holders, and lawful permanent residents (green-card holders) have faced stricter screening at airports and border crossings. This heightened scrutiny is part of the Trump administration’s broader effort to limit both legal and illegal immigration.
As spring break and summer vacations approach, reports of green-card and visa holders being detained have raised concerns.
Heightened Caution from Universities and Foreign Governments
Brown University recently advised its international staff and students to postpone travel abroad “out of an abundance of caution.” Several countries, including Canada, Denmark, Ireland, and Germany, have also warned their citizens about the risks of U.S. travel, urging strict compliance with entry rules to avoid detention.
Despite the concerns, U.S. Customs and Border Protection (CBP) insists that lawful permanent residents have little to worry about. Assistant Commissioner Hilton Beckham stated, “Green card holders who have not broken any U.S. laws, committed application fraud, or failed to apply for a re-entry permit after a long period of travel have nothing to fear about entering and exiting the country.”
However, immigration attorneys caution that risks vary by individual, making it crucial for travelers to understand their rights before making any travel plans.
Know Your Rights Based on Your Status
According to Stephanie Gee, senior director at the International Refugee Assistance Project (IRAP), travelers fall into three broad categories when entering the U.S.:
1️⃣ U.S. Citizens: Have guaranteed entry and cannot be denied access.
2️⃣ Green Card Holders: Have procedural rights, meaning only an immigration judge can revoke their status. They can refuse to answer CBP officers’ questions or deny searches of their electronic devices, though doing so may delay entry.
3️⃣ Visa Holders (Tourists & Students): Have the fewest rights—CBP officers have the final say on their entry. If a visa holder refuses to answer questions, they can be denied entry immediately.
Immigration expert Stephen Yale-Loehr recommends green-card and visa holders double-check their documents before flying to ensure that visas are not expired and that renewals are properly processed.
Assessing Your Risk Before Traveling
Certain factors may increase a traveler’s risk level when attempting to enter the U.S.:
🔹 Travel Bans & Country of Origin: A proposed travel ban could restrict entry from 43 countries. A draft list reported by The New York Times included 11 “red category” countries where travelers might be completely barred from entry:
- Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
- While not yet confirmed, travelers from these countries should reconsider their plans.
🔹 Criminal Records & Past Offenses:
- Green-card holders with any criminal record, no matter how minor, may face detention upon return.
- In a recent case, German-born green-card holder Fabian Schmidt was detained at Boston Logan Airport over a decade-old misdemeanor for marijuana possession.
🔹 Length of Time Spent Abroad:
- Long trips outside the U.S. may trigger suspicion, as officials assess whether a green-card holder has abandoned residency.
Consulting an immigration attorney before traveling is recommended, even for those who have never faced issues before.
Be Aware of CBP’s Power to Search Electronic Devices
CBP officers have the authority to search travelers’ electronic devices, including:
📱 Cell phones
💻 Laptops
📷 Digital cameras
Refusing a search:
- S. citizens and green-card holders cannot be denied entry for refusing a search, but their return may be delayed.
- Visa holders can be denied entry outright for refusing.
During searches, CBP officers typically look for:
🔎 Evidence of criminal history
🔎 Domestic violence records
🔎 Ties to terrorism
If a traveler’s device is confiscated, the American Civil Liberties Union (ACLU) recommends:
✅ Asking for officers’ names, badge numbers, and agency details
✅ Requesting a receipt documenting the confiscation
Prepare for Potential Detention & Alert a Trusted Contact
Travelers pulled aside for secondary inspection are not entitled to an attorney during questioning. However, experts suggest:
📌 Having an immigration attorney’s contact info readily available.
📌 Informing a trusted friend or relative before travel.
📌 If detained, texting a friend with: “I’m being pulled into secondary inspection, contact my immigration lawyer.”
Request an Interpreter if Needed
If a traveler does not fully understand English, they should request an interpreter. Stephanie Gee from IRAP stresses that language barriers could impact the outcome of a border inspection. Even if an interpreter is not provided, making the request is important because:
📝 A transcript of the interview is usually kept, documenting all questions and answers.
Final Thoughts
As immigration enforcement intensifies, green-card and visa holders face increased risks when traveling internationally. To avoid complications:
✔ Verify all immigration documents before departure.
✔ Consult an immigration attorney if necessary.
✔ Be prepared for electronic searches and possible questioning.
✔ Have a trusted contact ready in case of detention.
With immigration enforcement tighter than ever, caution and preparation are key for anyone traveling to or from the U.S.