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Summer is the time for travel, but if you’re a visa- or a green card-holder, the slew of immigration-related news over the past few months might have put a dampener on your travel plans this summer.
With reports of detentions, deportations, and visa revocations at the U.S. borders, immigration lawyers are advising all noncitizens to avoid all non-essential international travel at this time. But in case you absolutely need to travel during this uncertain time for immigrants, you are better off knowing your rights and the best practices.
On May 2, American Community Media organized a press briefing with Zahra Billoo, Executive Director of the Council on American-Islamic Relations; immigration lawyers Richard Herman and Madhurima Paturi; and Xiao Wang, CEO of Boundless Immigration. Here are five key takeaways from the discussion, especially for visa and green card holders.
#1: Disable Face ID and all other biometric unlocking mechanisms on your phone
When you arrive at an airport or port of entry into the United States, Customs and Border Protection (CBP) officers have the right to ask you questions about your trip and your immigration status and they also have the right to ask for your phone.
Seemingly innocuous things like texts, call logs, and pictures can put your and your contacts at risk. To further protect your and your contacts’ privacy, Zahra Billoo urged all travellers to keep as little sensitive information on their phones as possible when travelling.
As a further precaution, disable Face ID, fingerprint lock or any other biometric-based unlocking mechanism on your phone. “You can be forced to use your fingerprint or your face to unlock your phone. You can never be forced to turn over your password,” said Billoo.
Could they take away your phone if you refuse to unlock it? Yes, but they would still need to talk to a supervisor or a judge to get into your phone.
#2: Don’t sign anything – you could be surrendering your green card!
Recent reports suggest that CBP officers are targeting older Indian green-card holders on arrival into the United States, and coercing them to voluntarily give up their green card at the airport. Xiao Wang, CEO of Boundless Immigration said that using vague threats and intimidation, officers are pressuring green card-holders into signing Form I-407, effectively giving up their green card voluntarily.
“When we think about coercion, it’s a combination of confusion, of fear, of misinformation, of stress,” said Wang. “The folks that have signed this [form] or have been presented with it have been reported as being misled about the consequences of not signing it… they were being told in some cases, that they could no longer re-enter in the U.S., or were pressured to sign ‘or else’, with ambiguity about what ‘or else’ means.”
Wang pointed out that green card-holders who have been away from the United States for a period of more than 180 days are most at risk of scrutiny at borders as that could be interpreted as abandoning their claim to permanent residence in the U.S.
However, if you’re a green card-holder, it is important to note that CBP officers can question you, and even detain you, but cannot revoke your green card. Only an immigration judge can do that, or you can do that by signing the I-407. So unless you intend to voluntarily give up your green card, do not sign any forms that the officers put in front of you.
#3: You always have the right to remain silent, but know the risks of exercising it
“No matter your immigration status, you always have the right to remain silent,” said Billoo. “You can never talk yourself out of trouble, but you can very often talk yourself into trouble.”
She points out that while everyone has the right to remain silent, the consequences of remaining silent might be different for different people. For instance, U.S. citizens have the right to enter the United States even if they choose to remain silent and not answer any questions when passing the CBP checkpoint.
That is not the case for noncitizens, whose entry into the country is not guaranteed. In such a situation, even if you have the right to remain silent, exercising it might have a negative impact on your immigration status, and your ability to enter the country.
“The government has long turned people around at the border,” said Billoo. They did that under Trump [first term], they did it under Biden, and they will continue to do it under Trump [current term]. And so it’s really important that you’re aware of the risks.”
#4: You have the right to an attorney, but only when detained
Similar to the right to remain silent, noncitizens also have the right to an attorney, but NOT during your primary screening at a CBP checkpoint. At your primary screening, right after you get off the plane, a CBP officer has the right to ask you questions and if you choose not to answer, they might hold you for secondary screening.
“If they pull you into secondary screening, then you’re technically considered detained. And then you have the rights of every other detainee, meaning you have a right to remain silent, and you have the right to an attorney,” said Wang.
#5: Be proactive and be prepared
If you can avoid international travel, that is the best course of action. But if you absolutely have to travel, prepare thoroughly for crossing the CBP checkpoint once you arrive at an American airport.
According to Madhurima Paturi, while having soft copies of important documents on your phone is good practice, carrying physical copies of the documents is even better. For green card holders who are returning from longer trips, she recommends carrying copies of documents that establish your residency in the U.S.
“Carry some kinds of ties that you have with the U.S.,” she said, “It could be pay stubs, business documentation, lease or house ownership documents, and tax returns.”
For students on an F-1 visa and H-1B workers, she recommends carrying the same set of documents that they have submitted for their visa application, along with proof of admission, proof of financial support, residency documentation, and transcripts if they are already enrolled in school – no such thing as too much documentation.
“Just being proactive and having as much documentation with you as possible to avoid further questioning is very, very important,” she said. “At this point of time, being proactive is key.”
If you have any questions, reach out to CAIR, Paturi Law, Boundless Immigration or the Herman Law Group for further questions about international travel.
This article was produced in partnership with URL Collective.
