The current climate in the United States has left many immigrants uncertain about their status and security. Reports have surfaced of visa and green card holders, as well as tourists, being detained and deported. However, the Trump administration does not appear to be indiscriminately targeting all legal immigrants who have authorization to remain in the country on a large scale.
Some of those affected seem to have been singled out due to their political activism. One such case involved a Brown University professor and doctor with a green card who was deported after officials discovered photos of former Hezbollah leader Hassan Nasrallah and Iran’s supreme leader on her phone. Another case saw immigration authorities detain a former Columbia student and green card holder involved in campus protests over the war in Gaza, citing a Trump executive order prohibiting antisemitism.
In other instances, the administration has not provided clear reasons for detaining individuals. A German citizen with a green card was interrogated by border officials in Boston and detained without access to his anxiety medication. It remains unclear whether he has been charged with any crime. Similarly, as of Tuesday, no official explanation had been given for the detention of a Turkish doctoral student.
Notably, US citizens have also been affected. One individual reported being arrested by immigration agents while walking in Chicago. His identification was confiscated, and he was held for ten hours before being released.
While such cases are relatively limited in number, they have gone viral, sparking fear within immigrant communities.
According to immigration attorneys, it is difficult to gauge the level of concern legal immigrants living and working in the US should have.
“After practicing for 40 years, it’s really difficult to divine what a measured response is right now,” said Kathleen Campbell Walker, former president of the American Immigration Lawyers Association.
Although cases of detained or deported visa and green card holders appear to be rare, legal experts recommend that immigrants—as well as US citizens—take certain precautions in this uncertain environment.
Carry Identification Documents
Legal non-citizen immigrants have long been required by law to carry their immigration papers at all times. However, under Trump, the penalties for failing to do so are increasing.
In April, the administration is set to raise the fine for not carrying required documents from $100 to $5,000, Campbell Walker said. While failing to possess documentation has always been a misdemeanor, it can now lead to detention and deportation proceedings. Trump has revoked Biden-era immigration enforcement priorities, making even those charged with nonviolent, minor crimes subject to deportation.
Additionally, beginning next month, the administration will require all noncitizens to register with the federal government. Those who fail to do so will be designated as priorities for immigration enforcement. Many noncitizens who have previously interacted with federal agencies—such as those who applied for immigration benefits or received notices to appear in court—are already considered registered under this policy.
Campbell Walker also advised US citizens to carry proof of nationality, such as a passport card or birth certificate, given reports of Americans being mistakenly detained by immigration agents. Concerns have been raised that some agents are racially or ethnically profiling individuals during enforcement actions.
“Carrying documents on your person, making sure that people who are not citizens or naturalized or acquired citizens have one place in your home where you have all your important documentation together and making sure that you have copies—those are all reasonable and important steps to be taking in a moment like this, when we see the administration attacking free speech rights and attacking the basic norms of due process,” said Heidi Altman, vice president of policy at the National Immigration Law Center.
Reconsider International Travel
Legal experts are also advising immigrants to exercise caution when traveling abroad.
After the deportation of a professor, Brown University recommended that green card holders delay personal travel outside the US “out of an abundance of caution.” The university warned that upcoming changes to reentry requirements, along with a potential travel ban targeting 43 countries—expected to take effect as early as this week—could impact students and staff.
“I believe that a lot of green card holders are making the decision to consult with an attorney before traveling, and I think that’s a reasonable consideration,” Altman said.
Immigrants should consider whether their country of origin or travel destination might be affected by these potential bans. They should also evaluate their personal history of activism, as it could make them a target for additional scrutiny upon reentry.
“We know that this administration is engaging in retaliatory actions against people who have engaged in constitutionally protected activism and speech,” Altman said. “And so I think people may want to think about their own history and imagine and explore if it might put them at high interest for retaliatory targeting and talk to an attorney about precautionary steps that can be taken before travel.”
Protect Privacy on Social Media and Electronic Devices
For those who must travel, legal experts advise taking precautions with electronic devices. Border officials have recently begun requesting access to immigrants’ personal devices, including their cellphones.
Refusing to provide access may lead officials to deny entry based on insufficient information to determine admissibility. However, Campbell Walker expressed concern that officers may lack the training necessary to interpret digital content accurately.
According to reports from attorneys in the American Immigration Lawyers Association, border officials have started reviewing social media activity on travelers’ phones as a basis for determining entry eligibility.
“I’m not asking anyone to lie. I’m not trying to obstruct justice,” Campbell Walker said. “But if somebody who may not have sufficient training is going to rip through a cellphone and jump to conclusions and potentially remove me or prevent me from entering the US, I don’t think it’s advisable to have a bunch of social media or photographs on the phone you travel with. I don’t think it’s very wise to be traveling with your [personal] laptop.”