For many green card holders, visa holders, and international visitors, traveling to or returning to the United States has become more challenging and risky in recent months. Increased scrutiny at US border crossings and airports is part of the Trump administration’s broader crackdown aimed at reducing both legal and illegal immigration.
This heightened scrutiny, along with recent reports of green card and visa holders being detained, has sparked concern among travelers as spring break and summer vacation plans approach. Institutions like Brown University have already advised their international employees and students to reconsider travel plans “out of an abundance of caution.”
Additionally, several countries, including Canada, Denmark, Ireland, and Germany, have updated their travel advisories for the US, urging their nationals to strictly follow US entry regulations or risk facing detention.
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US Customs and Border Protection (CBP) Assistant Commissioner Hilton Beckham assured National Public Radio (NPR) that “green card holders who have not broken any US laws, committed application fraud, or failed to apply for a re-entry permit after long periods of travel have nothing to fear about entering and exiting the country.”
However, immigration lawyers are advising travelers to be aware of their rights and the risks associated with international travel to the US. Here’s what you need to know if you’re planning to travel this summer.
Rights based on your status
According to Stephanie Gee, Senior Director of US Legal Services at the International Refugee Assistance Project (IRAP), there are typically three types of travelers entering the United States: US citizens, green card holders, and visa holders.
For US citizens, entry is guaranteed. Immigration judges, not border officials, have the authority to remove a green card holder’s status. This means that both US citizens and green card holders have the option to refuse to answer questions from CBP officials or to decline a request to inspect their electronic devices, although doing so could result in delays at the border.
Assess your risk level
The level of risk for travelers varies depending on multiple factors, including the traveler’s nationality and their specific immigration status. According to The New York Times, Yale-Loehr, an immigration law expert, cited a preliminary list of 43 countries that may soon face travel restrictions, which could increase the risk for travelers from those regions. These include countries like Afghanistan, Cuba, Iran, Libya, and Venezuela, among others.
Travelers from countries listed in the “red” category, which may soon face a complete travel ban, should carefully reconsider their travel plans, even if a formal list has not yet been issued.
While visa holders who are denied entry are typically sent back on the next available flight, recent reports suggest that some individuals have been detained for extended periods—sometimes for days or even weeks. This growing trend is raising alarms among travelers.
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For green card holders, long international trips could trigger increased scrutiny at the airport, especially if they have any prior criminal records—no matter how minor the offense. For example, Fabian Schmidt, a 34-year-old German green card holder, was arrested earlier this month at Boston’s Logan International Airport due to an old marijuana possession conviction. Immigration experts warn green card holders with criminal histories to avoid international travel, if possible.
Potential for electronic device searches
Travelers may also face requests from CBP officers to unlock and hand over passwords for digital devices such as laptops, phones, or cameras. According to Yale-Loehr, refusal to comply with these requests may result in visa holders being denied entry to the United States. However, US citizens and green card holders are not obligated to provide access to their electronic devices, though refusing could cause delays.
CBP officials often search electronic devices for evidence that might indicate the traveler is ineligible to enter the US. This includes records of criminal convictions, domestic abuse, or connections to terrorism.
The American Civil Liberties Union (ACLU) advises travelers to ask for the identities, badge numbers, and agency information of the officials requesting access to their devices. If an item is seized, passengers should request a receipt from authorities to document the seizure.
What to do if your entry is delayed or denied?
Though delays are rare, they can still occur. If a traveler is asked to undergo additional scrutiny at the airport, it’s crucial to stay calm and keep track of important contact information. The ACLU recommends having a friend or trusted contact who can assist if something goes wrong. Additionally, it’s helpful to have the contact details of an immigration lawyer on hand in case you need legal guidance.
Travelers who need language assistance during inspections can request an interpreter, a right that should be documented in case one is not provided. According to Gee, having a formal request on record can help ensure that the rights of non-English-speaking travelers are upheld.
As summer travel approaches, green card holders, visa holders, and international visitors should be mindful of the increased risks involved in entering the United States. While US citizens are guaranteed entry, green card holders and visa holders face more uncertainty, especially if they have a criminal history or are traveling from certain countries.
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Before booking international trips, travelers are encouraged to consult with immigration lawyers to assess their risk level and ensure they understand their rights. Being prepared and informed can help ensure a smoother experience when returning to the US this summer.
