Crackdown on migrants sparks travel warnings for legal US residents

In the midst of a widespread crackdown on foreign students and migrants, lawyers are advising individuals with green cards and visas to reconsider their travel plans before leaving the United States.

César Cuauhtémoc García Hernández, Gregory Williams Chair in Civil Rights & Civil Liberties at the Ohio State University College of Law, told Newsweek, “Anyone who isn’t a U.S. citizen should think carefully about the need to leave the United States, especially if they have made statements on social media that are critical of political positions supported by the Trump administration, or have had even minimal contact with the police.”

“The Trump administration has given permanent residents and visa holders plenty of reason to worry about encountering problems when trying to re-enter the United States after a trip abroad,” the immigration law expert added, despite official insistence that there is no cause for concern for those complying with the law.

Overall, there has never been a guarantee that a person returning to the United States would be allowed admission, Shannon Shepherd, Chair of the American Immigration Lawyers Association’s (AILA) media committee, told Newsweek.

She added: “But what we’re seeing lately is a more negative exercise of discretion — where people are being denied entry when they wouldn’t necessarily have been in the past, or being detained instead of simply being allowed to withdraw their request for entry.”

According to these experts, having accurate documentation is crucial. Those who hold a green card must ensure they have both a valid passport and the green card itself. If the green card is being renewed, a valid receipt from the U.S. Citizenship and Immigration Services (USCIS) must be carried.

Even if a traveller has all the necessary documentation, U.S. Customs and Border Protection (CBP) officers may now refuse entry based on past criminal convictions — even minor ones — or due to comments or posts made on social media, Shepherd said.

Generally, individuals applying for a green card — also known as Adjustment of Status (AoS) — cannot leave the country without Advance Parole. This travel document must be approved by USCIS prior to departure. According to the CBP website, non-immigrant visa holders with valid H-1B or L-1 visas travelling while undergoing AoS, as well as those with V and K-3/4 visas, are permitted to travel without Advance Parole.