Is Traveling Currently Risky During the Immigration Crackdown?

 Posted on April 08, 2025 in Immigration

A U.S. citizen who landed at an airport near Seattle in February waited, along with her aunt, in the same line to go through customs. While the one woman went through customs quickly, as she waited for her aunt the minutes soon turned into hours. Many hours later, the woman found that her aunt had been detained by U.S. Customs and Border Protection (CBP).

The aunt is a lawful permanent resident who has lived in the U.S. for more than 50 years, ever since she and her family immigrated to the U.S. from the Philippines. Over the years, she has traveled between countries with her green card, never having any problems whatsoever.

After the family of the woman who was detained hired a lawyer, they finally found out that her detainment was due to a criminal conviction that was over 20 years old – and for which she completed all court requirements. She was transferred by ICE to a Tacoma processing center, where she will remain until her hearing date in July. Unfortunately, any past infraction – no matter how small - can turn into a major issue for immigrants, especially at border crossings and airports.

Even those with valid visas and green cards are finding travel has gotten much riskier over the past few months. If you or a loved one are planning to travel outside the United States, it is essential that you first speak to a knowledgeable Itasca, IL immigration attorney who can help you assess your risk before you find yourself detained or, worse, deported.

How Risky Is Travel Right Now for Immigrants?

A much harder line is being taken with a green card holder who has a minor offense on his or her record. A backpacker from the UK was held for three weeks and transported to the airport for deportation in shackles because of a clerical error. Several European countries, along with Canada, have updated travel guidelines for the U.S., warning their citizens that they could be arrested, detained, and/or deported if they come to the United States.

Understand Your Rights Based on Your Current Status

There are essentially three types of travelers who enter the United States: U.S. citizens, green card holders, and travelers with a temporary visa. U.S. citizens have – or at least should have – guaranteed access to the U.S. Green card holders are entitled to procedural rights and are not obligated to answer questions or allow CBP officers to search their electronics.

Students and tourists with temporary visas are the most vulnerable group with far fewer rights, as CBP officers can deny entry to the U.S. if the visa holder refuses to answer questions. Visa holders should ensure their visa has not expired or that there is no pending renewal application before considering leaving the country. There are additional factors that raise the risk level for travelers, including:

• Being from Yemen, Venezuela, Syria, Sudan, Somalia, North Korea, Libya, Iran, Cuba, Bhutan, or Afghanistan makes it more likely that an individual will be stopped, questioned, and perhaps detained.
• Taking an unduly long visit to a country outside the U.S. could flag a person for detention or questioning.  
• Having a criminal record – regardless of how long ago the conviction occurred or how minor the infraction could result in detention.
• Anything – no matter how small - that might hint at support for terrorism.

CBP officers are authorized to request that travelers provide their digital cameras, supply a password for a phone or laptop, or unlock their phones using facial recognition or fingerprint authentication. A U.S. citizen or a green card holder cannot be refused entry into the U.S. for refusing to comply, but a visa holder can. All travelers should have the contact information of an immigration attorney as well as a friend or loved one who can be quickly reached.

Contact a DuPage County, IL Immigration Attorney

If you are planning a trip outside the U.S., take the precaution of consulting a skilled Itasca, IL immigration lawyer before you go. It is much better to avoid travel than to end up in a holding facility for months, away from your family, your home, and your life. Our firm is a local family law firm with more than 20 years of experience in immigration law. Call 630-509-2363 to schedule an appointment with one of our attorneys. Se Habla Español.