Why are Green Card Holders being Interrogated and Detained at Ports of Entry?
As a result of the Trump Administration's increased border security measures, Green Card Holders (Lawful Permanent Residents) are being detained and questioned more frequently at US Ports of Entry (airports and land borders). This post provides information on common reasons for detention, procedures to follow if detained, and how to minimize risk for questioning at the Border.
Travel has always been a risk to status for Green Card Holders, especially those with criminal charges (even if dismissed), or those whose time in the USA fails to meet physical presence requirements (more on this below). Customs and Border Protection (CBP) Officers have the authority to question and detain Green Card Holders in "secondary inspection" if there are concerns regarding their immigration status. However, today, returning residents are facing increased questioning, and for new grounds such as Free Speech activity, increasing fears and making the immigration landscape less predictable.
Travel has always been a risk to status for Green Card Holders, especially those with criminal charges (even if dismissed), or those whose time in the USA fails to meet physical presence requirements (more on this below). Customs and Border Protection (CBP) Officers have the authority to question and detain Green Card Holders in "secondary inspection" if there are concerns regarding their immigration status. However, today, returning residents are facing increased questioning, and for new grounds such as Free Speech activity, increasing fears and making the immigration landscape less predictable.
For What Reasons Can Green Card Holders Be Subject to Detention/Questioning at Ports of Entry?
Upon arrival in the USA, all travelers, including US Citizens and Green Card Holders, must undergo inspection by Customs and Border Protection (CBP) Officers. While the majority of Green Card Holders currently pass through without incident, certain circumstances may trigger additional scrutiny.
- Criminal Record – Even dismissed or minor criminal charges have always been a trigger for secondary inspection or possible deportation, including minor marijuana charges in legal states.
- Extended Absence from the U.S. – Green Card holders are expected to make the USA their permanent home. Taking trips for longer than 180 days in one go, or spending more than half of the year outside of the USA can lead increased scrutiny and questioning.
- Self-Deportation – If a Green Card holder travels while in removal proceedings, this can be considered "self deportation" and they may not allowed to reenter the USA.
- Immigration Fraud – If the underlying basis for receiving the initial green card was thought to have been a result of fraud or misrepresentation, the Green Card could be revoked. For example, if a marriage-based green card were based on a fraudulent marriage, or if an employment-based green card were based on a non-existent job or company.
- Anti-Administration Social Media Posts or Internet Activity - While the above have always been problematic for Green Card Holders, Customs and Border Protection is now also targeting entrants with social media and internet posts that are not aligned with views of the Trump Administration, leading to increased questioning, detentions and possible removals. Remember that CBP has the right to search phones and computers. If these devices contain social media or email apps, the information and opinions in those apps can easily be accessed.
What to Do If You Are Detained
- Be Respectful – Be polite and truthful.
- Do not volunteer unnecessary information. - Answer questions truthfully and succinctly.
- Ask for a Hearing with an Immigration Judge. Every Green Card holder has the right to due process prior to revocation of status.
- DO NOT SIGN FORM I-407. This is a voluntary revocation of Green Card status!
- Request to Speak with an Attorney – It is a good idea to request to contact an Immigration Attorney, although please note that there is no right to legal representation at the Border, so this request will most likely be denied.
Due to the increased detentions and interrogations at US Ports of Entry, some Immigration Attorneys are starting to recommend that Green Card Holders avoid unnecessary foreign travel. Each individual's situation is unique, and in general, as long as none of the above issues exist, Green Card holders are still authorized for international travel and are considered the safest category of travelers, second to US Citizens.
If unsure of your risks, the best course of action is to avoid travel.
If travel cannot be avoided, consider consulting with an Immigration Attorney to stay informed of current policies in this ever changing political landscape.
