Visa holders: Know your rights and risks at the border

Summer is coming, and many in the United States have already made plans to visit family abroad, go on a relaxing vacation or explore a new part of the world.

For those without U.S. citizenship, though, the promaaaise of international travel may have been replaced with canceled trips and anxiety that if you leave the country, you might not be allowed back in.

In the few months since President Donald Trump has taken office, there have been high-profile cases of travelers and students who have had their U.S. visas revoked and lawful permanent residents who have been detained and are at risk of deportation. Even U.S. citizens are being questioned at the border for things like minor traffic infractions, drug misdemeanors or involvement with pro-Palestine protests. Other U.S. citizens are being deported.

"Trump has really ramped up the [immigration] enforcement machinery, which has created fear in many communities," said Kica Matos, president of the National Immigration Law Center and the Immigrant Justice Fund.

Among lawyers and advocates working on immigration and immigrant rights, there’s a sense that murky policies are part of a broader, fear-based attack on U.S. immigrants and immigrant communities.

"There very clearly is an intent to engender fear and create a chilling effect across many different communities in the U.S.," said Jorge Loweree, managing director of programs at the American Immigration Council.

Matos expressed a similar sentiment: "No immigrant in this country is safe anymore, irrespective of your status."

Experts in immigration law say the Trump administration is using two main strategies to increase immigration enforcement: renewing or expanding outdated immigration policy, or creating new policies and signing laws to drive an anti-immigration agenda.

Regardless of your status, here’s what you should know before traveling internationally.

What are my rights at the border if I have a nonimmigrant visa?

Your level of risk when deciding to travel depends on your status, from nonimmigrant visa holder — which covers student, work and tourist visas — to lawful permanent resident (green-card holders) or U.S. citizen.

Visas are managed by the State Department, and the agency has the right to revoke them as long as it thinks there is "good cause" to do so. There can be questions or disagreements about what exactly a "good cause" is, but "there is no question that the Department of State retains that authority," said Hasan Shafiqullah, immigration supervising attorney of the Legal Aid Society’s Law Reform Unit.

Visa holders can have their visas revoked without court proceedings. Shafiqullah said this is happening including for "very old criminal matters, driving under the influence, minor misdemeanors from many, many years ago."

A visa revocation can be appealed, but travelers still risk the inability to enter the U.S. or detention, which can last weeks or more, as it has for Tufts University doctoral student and former F-1 visa holder Rumeysa Öztürk.

Visa-holders who have had their visas revoked can still be temporarily paroled into the country at the discretion of the secretary of the Department of Homeland Security, Shafiqullah added, but they do not have a right to be paroled in, and approvals happen on an often urgent, case-by-case basis.

What are my rights at the border if I have a green card?

Lawful permanent residents cannot have their status terminated without an immigration judge’s ruling. So green-card holders should be allowed into the country, but they can be questioned and detained if Customs and Border Protection (U.S. Customs and Border Protection) officers think that they are removable.

Under the Immigration and Nationality Act, someone who is already inside the U.S. — beyond airport customs and immigration — and who is a lawful permanent resident or holds lawful status, can be removed from the country only on "deportability" grounds. This applies also to visa holders who have failed to meet the conditions of their nonimmigrant status, such as maintaining a full course of study if on a student visa.

If someone is attempting to be let into the U.S. or is applying for lawful permanent residence, they face "inadmissibility" grounds instead. This means they’re denied entry, or permission to stay, in the U.S. altogether.

Under the Trump administration, the standard for "inadmissibility" has become less and less clear, as they have ranged from drug misdemeanor charges (without convictions) to minor traffic infractions and unwanted "beliefs."

Understanding your risk when traveling means understanding your rights based on your status, but also other factors — such as criminal history, protest involvement or country of origin — that might make you more susceptible to increased questioning, deportation or detainment.

The case of Columbia student Mohsen Mahdawi is one example. Mahdawi, a permanent resident, was detained by the Department of Homeland Security in April during his naturalization interview in Vermont. Loweree said Mahdawi, a green-card holder, had met the requirements for naturalization and was going through the steps to get his citizenship when the government took his case in the opposite direction. Homeland Security is accusing Mahdawi of engaging in antisemitic conduct through pro-Palestinian protests.

Columbia graduate Mahmoud Khalil has not had his green card revoked, but he has been detained and put into immigration proceedings. The Trump administration and an immigration judge in Louisiana are arguing that Khalil, a pro-Palestine organizer, is deportable because his "current or expected beliefs, statements or associations" run counter to U.S. foreign policy interests. Whether he is deemed removable will depend on an immigration court decision, Shafiqullah said.

Who is at risk for detainment and deportation?

When considering international travel, there are some groups who might want to think twice. According to experts, these include:

-Any student visa-holders suspended from class for protest activity or otherwise disciplined

-Any student visa-holders who have reduced their school hours, even if it was a permitted change

-Anyone who has had any arrest (in the U.S. or elsewhere)

-People who are citizens of, or traveling from, the 43 countries on the alleged travel ban list drafted by diplomatic and security officials under the Trump administration, which was reported by the New York Times. The list also specifies 11 "red" list countries which would have all travel banned, including Venezuela and Afghanistan.

Lenni Benson, Distinguished Chair of Immigration and Human Rights Law at New York Law School, added that anyone who has been engaged in protest and whose social media shows "intense history of opposition to U.S. support for Israel or other countries" can also expect that they may be questioned upon trying to enter the U.S., and may be at additional risk despite First Amendment free speech protections.

In light of the Trump administration’s recent attacks on higher education — including billions in funding cuts to universities and revoked visas for over more than 1,600 international students, who have been told to "self-deport"- those on student visas may want to be especially careful.

Should international students travel?

Foreign students might be asking themselves whether they should go home for the summer.

"I would say no," Benson said. "Things are in flux right now. Litigation is ongoing. We need more clarity."

International students who do choose to travel internationally, she said, risk facing heavy vetting upon their return to the U.S., and as such should decide whether their travel is "worth the anxiety and the stress."

Non-visa travelers can also be refused entry into the country. Those traveling with Electronic System for Travel Authorization (ESTA) approval, for example, can be denied entry for even a minor history of arrest. By filling out the ESTA form, " you waive your rights if you are removed from the country," Benson said. "If you’re lucky, all they’ll do is push you back to Canada. But if not, they can detain you."

Given Trump’s recent apparent threat to deport U.S. citizens and jail them in El Salvador, legal experts at immigration organizations also agreed that there is some risk even for U.S. citizens returning from international travel.

Shafiqullah cited the experience of civil rights attorney Amir Makled, who was working with a pro-Palestine student demonstrator and was detained in a Detroit airport after a spring break trip to the Dominican Republic with his family.

What precautions can I take at the border?

If you choose to travel, regardless of status, there are some steps you can take that might help minimize risk or at least prepare you in case something goes wrong.

Prepare your paperwork

The first and arguably most important is to make sure you have all your paperwork ready and with you. "Double-check immigration documents before you fly, make sure everything is in order and current," Matos said.

Talk to an immigration lawyer

Matos also recommended that visa and lawful permanent residents "with criminal records, no matter how minor, talk to a lawyer." These criminal records can include driving infractions or misdemeanor drug charges. She cited, for example, the recent case of a German national and U.S. lawful permanent resident, Fabian Schmidt, who was interrogated and detained in March after a seven-day trip to visit family in Luxembourg. Schmidt had a misdemeanor marijuana charge that had been dismissed, and, according to his mother, a DUI that had been paid off, both from around a decade ago.

Other experts such as Murad Awawdeh, president and CEO of the New York Immigrant Coalition, recommended that anyone who is able to find an attorney should consult one before traveling, regardless of criminal history. That way, travelers can receive advice specifically for their personal situation, which will be much more helpful than more generic advice online.

Benson expressed a similar sentiment. "I know lawyers are expensive, but you can think of it as an investment in your future," she said.

To find a lawyer, she recommended potential travelers use the "Find an Immigration Lawyer" tool from the American Immigration Lawyers Association. The tool allows you to filter lawyers nationwide based on type of lawyer, language spoken and location.

Many lawyers offer free consultations for potential clients.

Memorize your lawyer’s phone number

Matos and others also urged potential travelers to memorize their immigration lawyer’s phone numbers, so that they can contact them in the case of a speedy detention or other emergency. Travelers should also inform family members or trusted friends of travel plans and, if they have not done so already, memorize emergency contact phone numbers.

Clean your phone

Relatedly, because border officials can seize phones, experts suggested travelers also go through their phones and wipe any texts, photos, personal information, social media posts or other content which may raise eyebrows. This includes content criticizing the U.S. or expressing support of Palestine, as well as anything related to drug or alcohol use, to name a few examples. As a further precaution, travelers can log out of and delete social media apps, or off-load message history on apps like WhatsApp.

Though it may seem extreme, "something you may have said jokingly or haphazardly online could be the reason you get your status revoked," Awawdeh said.

For those who want to be extra prepared, Benson suggested some additional steps. These include having an extra cellular device in your shoe or hidden under clothing in case border officials take your phone, or having an Apple AirTag or other location-tracking device in your clothing. That way, she said, "if you do disappear, your family knows where you are."

The sooner someone knows where you are, should anything happen, the faster they can find a lawyer, she said.