New Immigration Enforcement: Why Legal Immigrants Need to be Cautious When Traveling

Key Takeaways

• Immigration enforcement at airports and ports of entry has increased. Broader information sharing and heightened screening may result in additional questioning or delays, even for individuals with valid immigration documents.
• Lawful immigration status doesn’t eliminate travel risks. Green card holders, visa holders, and other lawful immigrants may still face additional questioning or scrutiny when traveling.
• Extended travel (six months or longer), can raise questions about maintaining U.S. residence and immigration eligibility.
• Pending applications, prior immigration violations, arrests, criminal charges, or deportation orders can create additional risks when traveling.
• Be prepared and know your rights. Review your documents, understand the potential risks, and get legal advice before traveling.

You may have a valid green card, work visa, student visa, or other form of lawful immigration status, but increased immigration enforcement and heightened scrutiny means travel can be unsafe right now. International trips or domestic flights for work or vacations can expose you to additional questioning, delays, or complications when traveling through U.S. airports and ports of entry. According to The New York Times, it’s been reported that the U.S. Immigration and Customs Enforcement (ICE) has expanded enforcement operations at domestic airports through broader data-sharing with the Transportation Security Administration (TSA).

While lawful immigration status provides important protections, it doesn’t guarantee a smooth or easy return process at airports. Before traveling domestically or internally, it’s important to understand the potential risks and whether leaving the country could affect your immigration status or ability to return.

Legal Immigration Status Doesn’t Eliminate Travel Risks

Being in the U.S. lawfully doesn’t necessarily mean you can travel internationally without concern. When you return, you may be subject to inspection by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) warns that lengthy trips can raise questions about whether a permanent resident has abandoned their U.S. residence. Trips lasting six months to a year can also receive additional scrutiny depending on the circumstances. Important travel time thresholds, include:

• Under 6 months⎯Usually safe, though frequent back-to-back trips with minimal time spent in the U.S. can still raise red flags with CBP.
• 6 to 12 months⎯Long trips outside the U. S. can create problems for people seeking citizenship and may lead to additional questions when they return. If you’ve been abroad for an extended period, you may need to show that you continued to maintain your home and ties in the U.S.
• 12 months or longer⎯A long absence from the U.S. can raise concerns that you abandoned your permanent residence, potentially putting your green card at risk when you return. A Form I-131 Reentry Permit can help show that you intended to maintain your U.S. residence while abroad.

Other immigration issues that could affect your ability to return:

• A pending immigration application
• A previous arrest or criminal charge
• A prior immigration violation
• An expired or questionable immigration document
• A history of unlawful presence
• A prior removal or deportation order

Immigration Enforcement Is Increasing at U.S. Airports

Because of the increase in data-sharing between ICE and TSA, this has escalated detentions at U.S. airports. Heightened immigration screening has also affected some individuals who have valid Employment Authorization Documents (EADs) or advance parole, no criminal record, or pending immigration applications. That doesn’t mean every lawful immigrant who travels will be detained, but it’s important to be aware that traveling isn’t risk-free just because they currently have lawful status.

What Documents Should You Carry When You Travel

Before your trip, here is the documentation you should carry:

• Your green card or valid visa. Make sure it hasn’t expired and won’t expire while you’re away.
• A valid passport from your home country.
• Advance parole or a valid travel document if you have a pending application.
• Proof of ties to the U.S. (e.g., proof of employment, lease, tax records).
• Copies of your immigration documents, including receipt notices for any pending applications or petitions.

Keep physical copies of important documents with you rather than just digitally, because if your phone is searched, lost, or taken, you’ll still have access to the documents you need.

Travel Tips For Lawful Immigrants

• Review your documents far in advance before your trip to make sure nothing will expire while you’re away. If anything is nearing its expiration date, it’s best to renew it to be safe.
• Consult an attorney before traveling if you have any concern about your history or status.
• Don’t leave the U.S. for long periods of time.
• Know your rights, but remain calm, cooperative, and respectful to help avoid raising any concerns. Contact Alpert Schreyer, LLCs, attorney for any questions you have about your rights and what you’re legally required to provide or disclose.
• Officers can inspect phones and laptops, so don’t have sensitive data on there, if possible.

Maryland Criminal Defense Attorneys at Alpert Schreyer, LLC

If you’ve had a DUI charge or DUI conviction, this creates additional immigration concerns when you travel outside the U.S. A single DUI conviction doesn’t automatically prevent a lawful permanent resident from returning to the U.S., but multiple DUI convictions or a DUI combined with other offenses can create more serious immigration issues.

Today’s heightened immigration enforcement makes it more important than ever to understand the potential risks of international and domestic travel. While lawful immigration status provides important protections, your immigration and travel history, as well as your individual circumstances can pose travel risks. If you have a pending DUI charge, a DUI conviction, or other criminal matter, contact Alpert Schreyer, LLCs, Maryland criminal defense attorneys for a free, confidential case consultation 24/7 by calling (301) 720-1309 or filling out our online form. 

Don’t risk traveling without talking with one of our attorneys.

We have offices in Waldorf, Rockville, Lanham, and Frederick, and proudly serve clients in Prince George’s County, Calvert County, Frederick County, St. Mary’s County, County, Charles County, all of Maryland, and the District of Columbia.

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