To Travel or Not to Travel?

This is the question I receive multiple times a day. It is also the question I hear from fellow immigration attorneys.

As a long-time member of AILA (the American Immigration Lawyers Association), I regularly engage with colleagues who navigate the evolving landscape of immigration law. AILA, a nonpartisan, nonprofit, voluntary bar association, provides legal education, professional support, and advocacy for fair and reasonable immigration laws. I participate in several of their interest groups, including the Women in Immigration Law Group (WMIG), where discussions center on pressing immigration concerns.

Lately, one of the most discussed  topics is whether it is safe for non-citizens to travel outside the U.S. and return. Until recently, I would have advised that legal permanent residents (LPRs also known as green cards) with no criminal record should have no issue re-entering the country after brief international trips. However, recent cases suggest that this assumption may no longer hold true.

One troubling account shared within the WMIG  listserv involved a 78-year-old permanent resident who traveled to Canada for a short 10-day visit with her daughter. Upon her return to the U.S., she was detained for over five hours. She was not allowed to make phone calls—even to her U.S. citizen daughter, who was anxiously waiting for her at the airport. She was denied access to her medication, refused permission to use the bathroom, and was threatened with arrest if she stood up. Eventually, after hours of distress, she wet herself yet still was not allowed to move. After five hours, she was released without charges or explanation. Her attorney confirmed she had a spotless record—no criminal history, no prior immigration violations. She is now so traumatized that she is considering relinquishing her green card and returning to Canada. Her attorney hesitated to mention her race but ultimately noted that she is white and non-Hispanic , reinforcing that immigration enforcement actions are affecting individuals regardless of race, age, gender, or legal status.

Another alarming case that has gained national attention involves a Columbia University student, a legal permanent resident with an eight-month pregnant U.S. citizen wife. He was arrested at his university-owned residence, not for any criminal activity but seemingly for his participation in anti-Gaza war protests. For this, they are trying to revoke his permanent resident status which totally ignores our free speech rights.

In light of these events, I recently advised a client—who has been a legal permanent resident for 50 years—not to travel because he had posted anti-Trump messages on social media. Customs and Border Protection (CBP) officers have the authority to inspect travelers’ phones and review their online activity. Some attorneys now recommend that individuals entering the U.S. consider using a secondary phone with minimal apps and personal data, in case CBP demands to search it.

I could fill a book with recent horror stories of individuals with legal status being detained or denied entry. The question of whether it is safe to travel is becoming increasingly complex. Just weeks ago, I would have assured a legal permanent resident with no post-Green Card arrests that they should be able to  return to the U.S. without issue. Now, I am no longer so certain.

My current advice to legal permanent residents without criminal or immigration violations is that travel should still be possible—but there is no guarantee of a smooth return and no guarantee of admittance to the U.S. I strongly encourage those eligible to apply for U.S. citizenship to consider doing so, as naturalization provides more protection.

For individuals in the U.S. on non-immigrant visas, such as student visas, I strongly advise against travel unless absolutely necessary. Those who absolutely must leave should consult an immigration attorney before making any plans.

Even other countries are taking notice. On March 21, Newsweek reported that Germany, the U.K., Denmark, and Finland have recently issued travel advisories regarding the U.S. While these are not formal warnings, they reflect growing concerns about the unpredictability of border enforcement—even for those with valid documents.

The landscape of immigration enforcement is shifting rapidly. For those considering travel, the best approach is to proceed with extreme caution and seek legal guidance before making any decisions.

Linda M Kaplan