As the Trump administration increases scrutiny on entry to prevent illegal immigrants, some academic institutions, such as Brown University, have recently advised its international faculty and students to defer any international travel plans, acting “out of an abundance of caution.”
Nations such as Canada, Denmark, Ireland, and Germany, have similarly modified their travel advice concerning the U.S., warning their citizens that failure to strictly follow U.S. entry protocols could lead to detention.
Narratives detailing the detention of green-card and visa holders in recent weeks have sparked concerns among travelers. Below are several advices from analysts, according to several media reports.
1. Understand your rights according to your immigration status
Generally, there are three main categories of travelers entering the U.S., explained Stephanie Gee, senior director of U.S. legal services at the International Refugee Assistance Project, as reported by NPR.
While U.S. citizens possess guaranteed entry rights, green-card holders are afforded procedural rights, signifying that only an immigration judge possesses the authority to annul their green card status.
Consequently, both U.S. citizens and green-card holders may decline to answer customs officers’ inquiries or permit searches of their electronic devices, although such refusal might lead to entry delays.
Travelers holding temporary visas, common for students and tourists, possess the “fewest rights,” according to Gee.
Customs officers hold the ultimate authority regarding the entry of these individuals and can simply refuse admission if a visa holder declines to respond to officers’ questions.
Visa holders therefore should ensure that their papers have not expired or they do not have a renewal application pending.
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TSA agents help passengers at a TSA checkpoint in the Miami International Airport on December 17, 2024 in Miami, Florida. Photo by AFP |
2. Evaluate your personal risk, ideally with legal counsel
Certain additional elements could heighten a traveler’s risk profile.
Stephen Yale-Loehr, a retired professor of immigration law from Cornell Law School, suggested that individuals from the 11 countries designated in the proposed “red” category – where U.S. travel would be entirely prohibited – should carefully reconsider travel plans.
These nations include Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
Yale-Loehr also referenced a preliminary list of 43 nations potentially facing a new travel ban, as reported by The New York Times earlier that month.
Visa holders denied entry are often placed on the next available flight back to their country of origin. However, recent incidents involve individuals being detained for extended periods, sometimes days or weeks.
“ It’s a seemingly a growing problem,” he told NPR.
For those holding green cards, elements such as extended trips outside the U.S. might arouse suspicion upon arrival. Recently, some immigration attorneys have also cautioned that green-card holders possessing any criminal record, regardless of its severity, should refrain from leaving the U.S.
In a case from earlier that month, Fabian Schmidt, a 34-year-old electrical engineer and green-card holder originally from Germany, was transferred to immigration detention from Boston’s Logan International Airport due to a misdemeanor charge for marijuana possession dating back over a decade.
Gee said that the recommended course of action is for green-card and visa holders to seek advice from an immigration attorney for personalized guidance regarding their unique circumstances.
“Even if this is not something you would’ve considered doing and you’ve traveled routinely before,” she advised. “Just because its clear that immigration enforcement at airports is picking up in a way that it has not in the past.”
3. Be aware of customs officers’ authority to search electronic devices
U.S. customs officials at entry points have the authority to stop individuals and evaluate their admissibility into the United States. These officers are allowed to search travelers’ possessions for prohibited items, even without any specific suspicion, according to The Guardian.
However, customs agents are prohibited from conducting searches or inspections based solely on a person’s religion, race, national origin, gender, ethnicity, or political beliefs.
The government contends that their power to search travelers without needing a specific reason extends to electronic devices like phones and laptops. There have been instances where customs officials have asked individuals entering or leaving the U.S. for the passwords to their phones or laptops.
While U.S. citizens cannot be refused entry for not providing passwords or unlocking their devices, doing so may lead to delays, further questioning, and customs officers taking their devices for additional inspection.
This should also apply to U.S. lawful permanent residents who have been previously admitted and are maintaining their immigration status, as their green cards cannot be revoked without a hearing before an immigration judge.
4. Prepare for potential issues at entry
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 mentioned that having an immigration attorney’s contact details readily available remains beneficial. He also advises travelers to arrange for a trusted friend who can be contacted swiftly should difficulties arise during U.S. entry.
Gee added that travelers needing language support during inspections can request an interpreter.
“The stories are definitely concerning,” Noor Zafar, a senior staff attorney who works with immigrants, told the Washington Post.
“I think we’re just in a period of more aggressive policies being implemented at the border. And I think that requires people to take extra precautionary measures.”
