Most green card holders (lawful permanent residents or LPRs) reenter the U.S. without issue. But immigration attorneys and rights groups say they’re seeing a troubling increase in cases where LPRs are being detained, questioned, and even pressured to give up their green cards at U.S. ports of entry.
These cases often involve fear, confusion, and sometimes coercion — and they can lead to devastating consequences, including the loss of legal residency and family separation.
Why It’s Happening
Although there has been no formal policy change, Customs and Border Protection (CBP) officers have wide discretion during inspections. Under the current enforcement climate, non-citizens of all statuses — including green card holders — face heightened scrutiny. Factors that may increase the risk of problems at the border include:
- Trips abroad longer than six months
- Pending green card renewals or applications
- Past immigration violations or deportation orders
- Political or activist affiliations (such as pro-Palestine organizing flagged by Canary Mission)
- Elderly travelers, especially from the Indian diaspora
- Long absence or insufficient proof of ties to the U.S.
Importantly, your type of green card — family-based, employment-based, and so on — is not a risk factor. The focus is on your history and perceived intent.
Domestic Travel Is Not a Risk
As of now, domestic travel within the U.S. does not pose a risk for green card holders, visa holders, or undocumented immigrants. The current concerns are specific to international travel and reentry.
Your Rights at the Border
As a green card holder, you have the legal right to return to the U.S. unless a judge decides otherwise. CBP cannot take away your status — only an immigration judge can.
If you’re pressured to sign Form I-407 (which would voluntarily abandon your residency), you can and should say:
“I do not wish to abandon my permanent residency.”
You have the right to a hearing in immigration court. Do not sign anything you don’t understand.
Form I-407: A Serious Decision
Form I-407 is the “Record of Abandonment of Lawful Permanent Resident Status.” Once signed, it’s difficult to reverse — even if signed under pressure or confusion. If you believe you were coerced into signing, contact an immigration attorney immediately. It may be possible to challenge the form on the grounds of duress or lack of informed consent, but time is critical.
Electronic Searches: What CBP Can Do
CBP officers are allowed to search your devices without a warrant at the border. There are two types of searches:
- Basic search: A quick check of your phone, laptop, or tablet without special tools.
- Advanced search: A forensic examination that can extract, copy, and retain data for up to 15 years. Devices are typically returned within five days.
You cannot be forced to provide your password, but CBP can require you to unlock devices using your thumbprint or facial recognition.
What If You’re Detained?
If CBP holds you for more than 48 hours, your family can try to locate you here: ICE Detainee Locator
You do not have the right to have a lawyer present during initial questioning, but if CBP initiates removal proceedings, you do have the right to legal representation in immigration court.
How to Prepare Before You Travel
All green card holders — not just those with complex cases — should prepare before traveling internationally.
Bring documents showing your life is rooted in the U.S., including:
- Recent pay stubs or employment letters
- U.S. tax returns
- Lease agreements or property deeds
- U.S. school enrollment records for children
- Evidence of U.S. bank accounts, insurance, or club memberships
Avoid trips longer than 6 months. If you must stay abroad for an extended time, apply for a Reentry Permit in advance.
Have a legal packet prepared if you may face extra scrutiny. This could include:
- Proof of urgent family or medical reasons for travel
- A signed G-28 form authorizing an attorney to represent you
- A personal statement explaining ties to the U.S.
Traveling on a Conditional Green Card
Conditional green card holders (those with a 2-year green card based on marriage or investment) are especially vulnerable at the border, especially if:
- Their green card is expired and they’re awaiting a decision on Form I-751 or I-829
- They’ve spent extended time outside the U.S.
- Their documentation is incomplete or unclear
If your conditional green card is expired, carry both the card and your U.S. Citizenship and Immigration Services (USCIS) receipt notice. This combination counts as valid proof of status.
Take Action if You’re at Higher Risk
If any of the following apply to you, consult an immigration attorney before traveling abroad:
- You’ve been arrested, charged, or convicted of a crime
- You’ve been deported before or overstayed a visa
- You’ve spent more than 6 months outside the U.S. in one trip
- You’re politically active or publicly outspoken (e.g., activism related to Palestine)
Final Tips: Know Your Rights, Protect Your Status
- Do not sign Form I-407 if you want to keep your green card.
- Carry documents that prove your ties to the U.S.
- Stay calm but firm. Ask questions. Take your time.
- Request a hearing with an immigration judge if CBP challenges your status.
- Share your travel plans with a trusted friend or attorney.
If you’re a green card holder traveling internationally, know your rights — and don’t sign anything you don’t fully understand. With preparation and awareness, you can protect your status and reenter the U.S. with confidence.