
What Californians need to know about traveling outside the U.S. with a green card or visa
Travelers returning to the U.S. from abroad are facing heightened scrutiny at airports amid a nationwide immigration crackdown, stirring confusion among visa holders and lawful permanent residents as they navigate summer travel plans.
U.S. Customs and Border Protection agents are pulling aside noncitizens for extra questioning with greater frequency, according to immigration attorneys, and green card holders have reportedly been arrested at airports upon returning from international trips.
Chris Beckerson, a San Francisco immigration lawyer who counsels foreign workers and students, said his firm has been fielding more travel-related questions, including from companies seeking to develop policies surrounding employee travel.
'I think anxiety has been running pretty high among lots of my clients,' Beckerson said.
Legal experts urged caution for visa and green card holders as they weigh new risks associated with international travel under the Trump administration. While lawyers are particularly concerned for people with criminal records, they recommend widespread precautions for any noncitizen leaving American soil, such as scheduling a consultation with an immigration attorney and safeguarding their digital security ahead of a trip.
The Chronicle compiled guidance for travelers below, though attorneys urged people to seek individual legal counsel to assess their personal risk before departing the country.
What are the risks when traveling outside the U.S. with a green card?
Lawful permanent residents are free to travel outside the country, according to U.S. Citizen and Immigration Services, although even those with appropriate documents are not guaranteed admission back into the country.
On its website, the agency cautioned green card holders that travel outside the U.S. 'may have severe immigration-related consequences.'
For now, many immigration lawyers are urging green card holders with criminal infractions to avoid leaving the country.
Recent arrests at U.S. airports appeared to target lawful permanent residents with prior criminal infractions, including people with years-old cases that have been resolved, said Jacqueline Brown, the director of an immigration clinic at the University of San Francisco School of Law.
Last month, authorities arrested Cliona Ward, a 54-year-old green card holder from Ireland, when she returned to San Francisco International Airport from a trip to her home country. Ward, a longtime Santa Cruz resident who had an expunged criminal conviction from her youth, was released last week but remains traumatized by the two-week detention, her sister wrote on a GoFundMe page.
In March, authorities arrested a green card holder from Germany at the Boston airport, detaining him for two months in federal custody. At the Seattle airport in February, agents arrested a woman from the Philippines with lawful permanent residency, according to NBC News.
Hilton Beckham, assistant commissioner of public affairs at CBP, said the Trump administration was enforcing immigration laws, 'something the previous administration failed to do.'
'Green card holders who have not broken any U.S. laws, committed application fraud, or failed to apply for a reentry permit after a long period of travel have nothing to fear about entering and exiting the country,' Beckham said in a statement.
In light of the recent arrests, Brown said green card holders with a prior criminal conviction or even an arrest should 'be cautious against traveling,' and they should consult with an immigration attorney about their specific circumstances before heading overseas.
'A lot of times, the answer would just be no,' Brown said. 'I wouldn't travel if you've had any arrest without getting some more information.'
Brown said she knows green card holders who are steering clear of international travel to avoid the potential hassle or trauma connected with prolonged questioning at the airport.
'Everybody has their own circumstances, and I would say it's just how much of a risk you're willing to take,' she said.
Can I travel internationally on a student or worker visa?
For people with valid visas, including students and certain categories of workers, Brown said she would advise them to avoid international travel 'unless it's really necessary,' since the immigration policy landscape can rapidly change with no notice.
Last month, for example, the Trump administration abruptly revoked visas and terminated legal status for hundreds of international students, many of whom had a brush with law enforcement on their record. The government then reversed the decision just as quickly, restoring status after weeks of chaos at universities and mounting legal pressure.
Beckerson, who counsels people with H-1B and F-1 visas, said his firm is advising clients with a criminal conviction in their past to avoid international travel. For clients with no prior brushes with law enforcement or negative immigration encounters, however, Beckerson said he is 'not concerned with them traveling right now.'
'People seem to be coming through fine for now,' he said. But 'it's only been four months of this administration, so we're bracing for more.'
UC Berkeley issued a travel advisory in April noting that international travel 'may be high risk for all clients due to strict vetting and enforcement,' urging students to be cautious when considering leaving the country for personal or professional reasons 'as U.S. immigration policy remains unpredictable and subject to rapid change.'
What should I expect at the airport?
Travelers with green cards and visas can anticipate CBP officers spending more time asking questions about their travel, their right to enter the U.S. and their background, as well as a higher likelihood of being placed in another room at the airport for a secondary inspection, which can take hours, Brown said.
People should also prepare for the possibility that officers may look through their phones and laptops, including reviewing personal social media accounts, she said.
Brown said green card holders will likely face additional scrutiny and questions if they remain outside the country for six months or longer, which can indicate an intent to abandon their permanent residency status.
Customs agents may use tactics to pressure people to sign a form relinquishing their lawful status during airport interrogations, but they cannot legally take away a green card, Brown said. Only an immigration judge can initiate deportation proceedings.
Additionally, noncitizens returning from trips to countries in the Middle East should also expect more questions and potential problems at customs, Brown said.
Travelers should stay calm, respectful and honest during interactions with border agents, according to the Electronic Frontier Foundation, a privacy nonprofit. People should never provide false information to CBP officers, the organization said, because doing so is a crime.
Immigration officers have broad discretion when deciding whether to wave a person through customs or pull them aside for additional inspection, adding a 'wild card' factor to the equation, Beckerson said. One of his clients was recently held for questioning for 'quite a lengthy period,' he said.
'It was a really upsetting experience for the person,' he said. 'Whether or not that officer is having a good day sometimes seems to make the difference between a bad experience and a good experience.'
Does it matter what airport I travel through?
Although the laws are consistent across the country, Brown said it was typically safer for noncitizens to travel through SFO or other California airports rather than states that tend to be more politically conservative.
Similarly, UC Berkeley told international students it recommends they travel through SFO when entering the country, although the university did not provide an explanation for the suggestion.
More than 10,000 people have been processed by CBP officers at SFO this year through April, slightly more than numbers over the same time last year, according to CBP data.
How can I protect my digital privacy when traveling internationally?
It is legal for CBP officers to search digital devices that belong to both citizens and noncitizens, according to the American Civil Liberties Union.
That's because people have fewer rights and less privacy at U.S. border crossings compared to inside the country, according to the Electronic Frontier Foundation. Border agents can search phones, laptops and other electronic devices without a search warrant or suspicion that the person has committed a crime.
Brown recommended that people disable Face ID on their phone before an international trip. CBP agents can use Face ID to open a phone even when a traveler refuses to provide their password, she said.
But failing to provide a password could have consequences, especially for noncitizens. Visa holders could be turned away at the border if they refuse to cooperate with a phone search, according to the ACLU.
While the government cannot deny entry to citizens who refuse to unlock their phone, agents can detain them for hours and seize their device, sometimes for weeks or months, the ACLU said.
For citizens and noncitizens alike, the ACLU recommends that people travel with as little data and as few devices as possible, such as carrying a travel-only smartphone with no private or sensitive information.
The Berkeley International Office recommended that students review social media accounts ahead of travel for content that 'may appear to show you engaged in activities that violate U.S. laws, your visa status, or academic integrity.'
This month, the Department of Homeland Security announced it would immediately start considering 'antisemitic activity on social media' as grounds for denying immigration benefits, noting that the policy applies to foreign students and people applying for green cards.
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