After President Trump took office and introduced a series of strict immigration policies, fear spread beyond undocumented immigrant communities to other immigrant groups, including green card holders.
Last week, a viral TikTok video claiming that a green card holder was denied entry at Los Angeles International Airport gained over 3.5 million views, sparking panic among some green card holders.
In the video, a user named “erinirishsb” claims that her niece was returning to the U.S. after spending three weeks in Laos for her mother’s funeral when she was stopped at Los Angeles International Airport. She alleged in the video that a Customs and Border Protection (CBP) officer cut a corner of her niece’s green card and sent her back to Laos. The user also claimed that the CBP officer told people that, “If you have been a green card holder for less than two years and you leave the United States, they won’t let you in.”
Documented spoke with Jodi Ziesemer, director of NYLAG‘s immigrant protection unit, and Andrés Santamaria Cortes, lead attorney at Make the Road New York, and Ana F. Escoto, staff attorney at Cabrini Immigrant Services of NYC, about the video’s claims, the legal protections available to green card holders, and key traveling tips for green card holders.
Is it still safe for green card holders to travel under Trump?
In general, it’s safe for individuals with valid green cards (officially known as a Permanent Resident Card) to travel outside of the U.S. for less than 180 days. However, leaving the country for more than six months may lead to more scrutiny and higher risks of being denied reentry at the border. Legal experts also warn that under the Trump administration, green card holders may face more intense security screenings and more thorough background checks when traveling, especially upon re-entry to the U.S.
“We have not really heard of a lot of issues with legal permanent residents coming in, especially like under the 180 days,” said Cortes. However, he pointed out that green card holders who leave the U.S. for more than 180 days are subject to greater scrutiny and questioning by CBP officers when trying to re-enter the U.S., which may include questions about the reasons for their extended stay abroad.
There are legal presumptions for green card holders that can abandon their permanent residency, Ziesemer explained. If a green card holder spends more than six months outside the country, it’s presumed that they have abandoned their residency. And, if they remain abroad for over a year, the presumption of abandonment becomes even stronger.
Ziesemer said while U.S. laws protecting green card holders have not changed under Trump’s administration, immigration officials have increased scrutiny and questioning of green card holders and other immigrants at U.S. ports of entry. While the viral video may depict a concerning incident, she noted that the details and legality of the situation remain unclear. “I think there’s more going on in that case that the aunt in the video either knows about or wasn’t revealing in that video,” said Ziesemer.
Ziesemer cautioned against drawing broad conclusions from social media posts. “I think just that these are anecdotal,” she said. “We don’t know the immigration history or exact status of this person. For any individual situation, that person should consult with an immigration attorney in order to talk about their individual case and their own rights when traveling abroad. This should not be taken as a pattern of practice that is happening to everyone.”
Cortes echoed this sentiment, warning against fear-reactions, “I think we have a very large responsibility in not letting that [fear-mongering tactics by Trump] be determinative in how we act.” He added: “The best possible protection is to know your rights. There’re videos of people sharing their experience and stuff like that, but that wouldn’t necessarily apply to you, because there’s a lot of different factors that can affect an immigration case.”
What circumstances could put green card holders at risk of being denied reentry, even if they have valid status?
Cortes explained that at the border or port of entry, CBP has more leeway to determine admissibility, and agents can deny entry to green card holders in certain circumstances without requiring a hearing before an immigration judge.
Key factors that CBP considers when determining admissibility include the length of time spent outside the U.S., potential issues with criminal history, and any discrepancies in the original green card application. According to Escoto, CBP determination is based on inspecting the person’s documents at the time of seeking admission and also by conducting interviews and searching databases.
Ziesemer said she’s noticed that under the Trump administration, criminal history, including minor offenses, is examined more closely and can potentially put green card holders at risk of losing their status.
She also noted that if someone who obtained a green card through asylum status could be denied entry if the person travels back to the country from which they originally sought asylum, U.S. immigration officials may question whether they still fear persecution and whether their asylum status was fraudulent.
Cortes further explained that the list of offenses that can make a green card holder inadmissible at the border is broader than the list of deportable crimes for those already in the U.S. While deportable offenses typically involve serious crimes like drug trafficking, murder, or other “crimes of moral turpitude,” inadmissibility crimes do not always have to be severe. Although misdemeanors like speeding or fare evasion would not typically result in inadmissibility, repeated misdemeanor convictions could provide grounds for CBP to deny reentry.
Cortes also warned that CBP may deny entry if officers find sufficient evidence that a green card holder misrepresented information in their original green card application.
Additionally, Escoto pointed out that the following situation may put LPRs (Lawful Permanent Residents) at risk when traveling abroad: individuals under removal proceedings or those with a removal order, including people who have pending or granted 42A, cancelation of removal for certain Lawful Permanent Residents; LPRs with Conditional Resident (CR) status, especially those going through a divorce process with the petitioner/spouse.
What should a green card holder do if they are denied entry at customs?
Both Cortes and Ziesemer emphasized the importance of seeking legal assistance as quickly as possible while maintaining transparency and caution in interactions with CBP. Refusing to answer questions about identity or immigration status could result in delays or additional complications.
Ziesemer explained that green card holders have the right to due process and can request a hearing before an immigration judge, as only an immigration judge has the authority to revoke LPR status.
However, contacting a lawyer while detained at a port of entry can be challenging. American Immigration Lawyers Association advises green card holders to be especially cautious if CBP officials ask them to sign any documents, including Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Signing this form notifies U.S. Citizenship and Immigration Services (USCIS) that the individual is voluntarily giving up their green card. Green card holders have the right to refuse to sign this form.
What precautions should green card holders take before traveling abroad to avoid issues upon return?
Immigration attorneys recommend that green card holders be proactive and well-prepared before traveling internationally to minimize the risk of being turned away upon return.
Ziesemer emphasized the importance of ensuring that all necessary documents such as a green card, passport, and any other immigration paperwork are valid and up-to-date. She also advised consulting an experienced immigration attorney before traveling, particularly for those with concerns about their criminal history or immigration status.
Cortes suggested informing a trusted family member or friend about travel plans so they can assist if issues arise at the ports of entry. Additionally, he advised travelers to be mindful of the length of their stay outside the U.S. Green card holders who plan to be abroad for more than six months should apply for a reentry permit in advance to help protect their status.
