What green card, visa holders should know before traveling
President Donald Trump’s aggressive immigration enforcement is instilling fear in many communities — including people with green cards and visas.
That’s in part due to reports of lawful permanent residents facing increased scrutiny at airports or even being wrongly deported without due process.
Over the past decade, arrests in Michigan and Ohio accounted for about 2% of nationwide arrests by federal immigration officials. In the past four years, more than half resulted in no criminal convictions or charges beyond immigration violations.
It’s not yet clear how those numbers will change under the Trump administration.
Your options for protection from detention and deportation are limited. But advocates and attorneys urge all immigrants to make safety plans for themselves and their families. Here are some things you can do:
Carry your green card
By law, green card holders over the age of 18 must carry their green card on them. Some people carry a copy or nothing at all, but attorneys recommend against that.
“A lot of people are hesitant to carry it with them because it’s a valuable document,” said Diego Bonesatti, legal services program manager at Michigan United. “Make sure that you have a copy at home, so that if people have to contact counsel, they have your number. They can look up on the online detainee locator system to see if you’ve been detained.”
If you’re uncomfortable carrying the original, carry a physical copy of your green card or visa, Michigan Immigrant Rights Center attorney Ruby Robinson said. Avoid relying on digital images stored on your phone.
“Our recommendation is, if a person has status in the United States, it’s a good idea to carry evidence of that on them,” Robinson said.
Have a criminal conviction? Talk to an attorney now
Regardless of whether your convictions were vacated or expunged, noncitizens should consult an immigration attorney to understand how their record could affect their legal status.
Criminal convictions — misdemeanor or felony — aren’t automatically grounds for deportation, but both Robinson and Bonesatti stress the importance of getting legal advice and making a plan.
Once you’ve spoken to an attorney, write down their phone number, memorize it if you can and share it with family members.
Assess your risk before traveling
Robinson says he’s been getting more calls than ever from people concerned about traveling in and out of the country.
Most people face limited risk. But certain factors — like a criminal record or complex immigration history — can raise red flags.
“It’s unfortunate, but I would say if my client has a big tattoo on their face and they’re traveling in and outside the United States right now, they’re going to get more scrutiny than they did before,” Robinson said. (Family members of some men the U.S. recently deported to El Salvador believe they were unjustly targeted because of their tattoos.)
It’s important to know your rights when evaluating travel risks:
- U.S. citizens and green card holders have the right to refuse to answer questions from the U.S. Customs and Border Protection (CBP) and cannot be denied entry. However, those officers can cause delays for you.
- According to the American Civil Liberties Union (ACLU), you are not entitled to an attorney under the first and second inspection by CBP. But you can request one, and it’s a good idea to have an attorney in mind.
- Temporary visa holders can be denied entry to the United States for refusing to answer questions at the border.
- If you’re a green card holder and immigration officials detain you while reentering the U.S., remember that only an immigration judge can revoke your green card. You have the right to request a hearing, but expect delays due to a backlog in immigration courts. Legal residents should never sign Form I-407, “Record of Abandonment of Lawful Permanent Resident Status.” Robinson said, if you are asked to sign an I-407, say, “No, I want to see a judge.”
- Immigration authorities may ask to inspect your phone or laptop and could attempt to log in if you use your face or fingerprint to unlock your device. Consider turning off that feature and using a password. The ACLU has more advice on how you can prepare your devices for travel.
Bonesatti cautions that federal officials have broad powers at and near the border. “They can take away your phone,” he said. “They can do all sorts of things in those terms. They can do that legally.”
Can what I post online affect my immigration status?
“There have been reports of immigration officials citing social media posts as reasons for deportation or denying entry to the United States,” Robinson said. Immigration officials are known to monitor social media; recently, officials revoked a graduate student’s visa after reviewing her social media activity. “How far does free speech affect the person’s ability to secure immigration benefits? That’s one of the many constitutional questions that there are before courts today.”
If you’re concerned about your social media presence while traveling, you can put your accounts on private and — if possible — travel without a cell phone.
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