Given that visa holders and individuals with green cards face stricter scrutiny when arriving at U.S. airports, it is recommended for travelers to familiarize themselves with their rights and entitlements prior to making their final travel arrangements.
As the Trump administration intensifies oversight to curb unlawful immigration, certain educational organizations like Brown University have lately cautioned their international staff and pupils to
postpone all overseas travel arrangements
, acting with “an abundance of precaution.”
Countries like Canada, Denmark, Ireland, and Germany have also altered their travel guidance regarding the U.S., cautioning their citizens that not adhering rigorously to U.S. entry rules might result in being held back.
Stories about the arrest of green-card and visa holders in recent days have raised worries among tourists. Here are some recommendations provided by experts, as reported across various news outlets.
1. U
Comprehend your rights based on your immigration status.
Typically, there are three primary classifications for individuals entering the United States, according to Stephanie Gee, who serves as the senior director of U.S. legal services at the International Refugee Assistance Project, as mentioned in her statement.
NPR
.
Although U.S. citizens have assured admission privileges, green-card holders are entitled to certain legal protections, indicating that solely an immigration judge can revoke their green card status.
As a result, both US citizens and green-card holders have the option to choose not to respond to questions from customs officials or allow inspections of their electronic devices; however, this choice could potentially cause delays in entering the country.
According to Gee, travelers with temporary visas, typical for students and tourists, have the “least rights.”
Customs officials have the final say when it comes to allowing people into the country, and they may deny entry to visa holders who choose not to answer their inquiries.
Consequently, visa holders must verify that their documents have not lapsed and that they do not currently have a renewal request outstanding.
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On December 17, 2024, TSA agents assisted travelers at a security check point within the Miami International Airport located in Miami, Florida. The photograph was taken by AFP. |
2. Assess your individual risk level, preferably alongside legal advice.
Various extra components might elevate a traveler’s risk status.
Stephen Yale-Loehr, a former professor of immigration law at Cornell Law School, advised people from the 11 nations listed under the potential “red” classification — where traveling to the U.S. would be completely banned — to thoughtfully reassess their travel arrangements.
The listed countries encompass Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
Yale-Loehr similarly cited an initial roster of 43 countries possibly subject to a renewed travel ban, according to reports by Yale-Loehr.
The New York Times
earlier that month.
Individuals who have had their visa entries denied are typically put on the earliest available flight returning them to their home country. Nonetheless, recent cases include people being held for prolonged durations, occasionally lasting several days or even weeks.
“It appears to be an increasing issue,” he stated.
NPR
.
For individuals with green cards, activities like prolonged travel abroad could raise eyebrows when they return. Additionally, recent advice from several immigration lawyers suggests that green-card holders who have any criminal history, no matter how minor, should avoid traveling outside the United States.
Earlier that same month, Fabian Schmidt, a 34-year-old electrical engineer with permanent residency status who hails from Germany, found himself moved into immigration custody at Boston’s Logan International Airport because of an old misdemeanor conviction related to marijuana use more than ten years ago.
Gee stated that the suggested approach is for green-card and visa holders to consult with an immigration lawyer to obtain tailored advice based on their specific situations.
Although this might be an activity you wouldn’t typically consider and have previously traveled without issues,” she cautioned, “it’s evident that immigration checks at ports of entry are becoming more frequent than they were in the past.
3. Keep in mind the power of customs officials to inspect your electronic devices.
At border crossings, U.S. customs officials can halt people and assess whether they are permitted to enter the country. They have permission to inspect passengers’ belongings for restricted goods without needing particular cause to suspect anything illegal.
The Guardian.
Nevertheless, customs officials are not allowed to carry out searches or inspections merely due to an individual’s religion, race, national origin, gender, ethnicity, or political views.
The government argues that they have the authority to search travelers’ electronic devices such as phones and laptops without requiring any particular cause. Instances have occurred where customs agents have requested individuals entering or exiting the United States to provide the passwords for their mobile phones or computers.
Although U.S. citizens cannot be denied entry for refusing to provide passwords or unlock their devices, such actions might result in delays, more thorough questioning, and customs officials seizing the devices for further examination.
This rule should similarly apply to U.S. lawful permanent residents who were previously allowed entry and continue to uphold their immigration status, since their green cards can’t be invalidated without being reviewed by an immigration judge.
4.
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The American Civil Liberties Union clarifies that travelers directed to undergo secondary inspection at the airport do not have a guaranteed right to legal representation during that process.
Yale-Loehr noted that keeping an immigration lawyer’s contact information easily accessible continues to be advantageous. Additionally, he recommends that travelers set up arrangements with a dependable friend who can be reached quickly in case of any issues upon entering the United States.
Gee also mentioned that travelers requiring language assistance during inspections can ask for an interpreter.
“The tales are certainly alarming,” said Noor Zafar, a senior staff attorney working with immigrants, told the
Washington Post
.
I believe we’re currently experiencing an era of more stringent policies being enforced at the borders. This necessitates individuals taking additional preventive actions.