What You Need to Know
Whether you hold a visa, have pending immigration relief, or are a green card holder, your re-entry into the U.S. may carry greater risks than before.
Travel Risks Are Real — Even for Green Card Holders
Customs and Border Protection (CBP) officers now more frequently subject travelers to secondary inspections, which may include searches of personal belongings and electronic devices.
While lawful permanent residents (LPRs) cannot be denied entry, you can face delays, questioning, or temporary device confiscation. However, if you have had criminal convictions since you became an LPR, you may be detained to allow the government to determine whether you are removable (deportable).
Also, if you've been outside the U.S. for more than 6 months, your travel history will be closely reviewed for signs of “abandoning” your LPR status.
For individuals with visas or temporary status, CBP has broad discretion to determine whether to admit them into the country—even if they hold a valid visa. In most cases, those denied entry are placed on a return flight to their home country.
However, there have been reports of travelers being taken into custody and detained for several days or even weeks.
CBP May Search Your Device
CBP has broad authority to inspect travelers and their belongings—including electronic devices—at all U.S. ports of entry, including airports.
This authority allows CBP to conduct searches without a warrant or individualized suspicion.
CBP has been actively exercising its authority to search the travelers' electronic devices —including cell phones, laptops, or tablets - for materials that may indicate a non-citizen is ineligible to enter the U.S., including evidence of criminal convictions, domestic violence, or support for terrorism.
What Happens If You Refuse to Answer Questions or Allow Your Device to Be Searched?
U.S. citizens cannot be denied re-entry, even if they refuse to unlock their devices. But refusal to comply with such requests might lead to delays, additional questioning, and/or officers seizing your device for further inspection.
LPRs also generally cannot be denied entry to the United States, but declining to answer questions or comply with search requests may result in delay or further inspection.
Non-Citizens: refusal to answer questions by non-citizen visa holders, visitors, or those with temporary status or pending cases (e.g., asylum, parole, TPS, VAWA) can be refused entry, face aggressive questioning or even detained.
RECOMMENDATIONS
Lawful Permanent Residents:
- Travel outside of the United States for less than 6 months at a time.
- If you have a criminal record, especially since becoming a permanent resident, consult an attorney before leaving the United States.
- When returning to the United States, do not sign any documents, even if pressured by a CBP officer. In particular, do not sign Form I-407, as doing so means you are voluntarily giving up your permanent resident status. Instead, ask to speak with an attorney and request to see an immigration judge.
Other Travelers:
- Avoid foreign and domestic air travel if you're currently without lawful status.
- If you are a non-citizen, consult with an immigration attorney before any international travel if you have a pending case, criminal record, or past visa violations.
Protect Yourself from CBP Device Searches
- Use encrypted cloud storage for sensitive data. CBP can search content physically stored on your device, but they generally cannot access data stored in the cloud—unless it's downloaded or cached locally.
- Delete apps and social media accounts that contain personal or sensitive content. Consider temporarily removing apps such as WhatsApp, Signal, Facebook, Instagram, and Dropbox if they hold sensitive messages, documents, or contacts.
- Back up and wipe your device before traveling. If you do not need immediate access to sensitive files or communications, consider wiping your device after securely backing it up to the cloud.
- Shut down devices before arrival in the U.S. Powering off phones and laptops ensures encryption is active. Avoid simply putting devices in sleep mode, as that can leave them vulnerable to search.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a qualified immigration attorney.
