Customs and Border Protection (CBP) is taking an increasingly aggressive approach at U.S. entry points. Travelers, including those with valid visas and green cards, are facing heightened scrutiny, unexpected detentions, and even deportations. If you’re planning to travel outside the United States, it’s crucial to be aware of these changes and prepare accordingly.
Increased Scrutiny at the Border
Recently, there have been multiple reports of individuals facing unexpected difficulties when attempting to re-enter the United States:
- H-1B visa holders returning from overseas trips have been detained, placed in isolation, and deported—even with valid visas.
- Green card holders who traveled abroad have found themselves detained and sent back, despite their lawful permanent resident status.
- Visa overstayers who have filed for green cards but traveled to U.S. territories like Puerto Rico have been detained and put in removal proceedings upon return.
These incidents mark a departure from past practices and indicate a significant shift in CBP enforcement.
Why Is This Happening?
The executive branch, which oversees agencies like CBP, Border Patrol, the State Department, and Homeland Security, has broad discretion in deciding who is allowed into the country. CBP officers have the authority to:
- Search your phone and electronic devices.
- Deny entry if they suspect you are misrepresenting your purpose of travel.
- Subject you to expedited removal, effectively deporting you without a court hearing—potentially barring you from re-entry for five years.
- Pressure green card holders to sign away their status, especially if they have been outside the U.S. for extended periods.
Key Considerations Before You Travel
If you plan to leave the United States, ask yourself:
- Do I have anything in my past (immigration violations, criminal history, or previous visa denials) that could be flagged?
- Is my visa or green card status secure?
- Am I prepared for a potential secondary inspection?
- Could my phone contain messages, emails, or social media posts that CBP might interpret as problematic?
Precautions to Take
- Be cautious with your phone and electronic devices.
- Consider using a clean device when traveling.
- Do not carry sensitive information that could raise suspicion.
- Consult with an immigration attorney before traveling.
- If you have any concerns about your admissibility, seek legal advice.
- No attorney can guarantee re-entry, but they can help assess your risk.
- Know your rights but comply with lawful orders.
- If asked to sign any documents, understand their implications before agreeing.
- Do not voluntarily surrender your green card unless you have consulted an attorney.
The Bottom Line
Traveling outside the United States now comes with significant risks. If you cannot afford to be stuck outside the country for an extended period, think carefully before leaving. CBP has been granted broad discretionary power, and recent trends suggest they are exercising it to its fullest extent.
Stay informed, be prepared, and make sure you have a plan in place before you travel.