Fear, chaos and uncertainty has spread throughout the Immigration community since President Trump took office. Extreme vetting, talk of travel bans, detention and deportations have been a regular feature in the news.

Many people are now scared to travel, and this includes Lawful Permanent Residents (LPR) aka green card holders. Ironically the word Permanent does not mean that a green card holder’s presence in the U.S. is permanent or that they are even guaranteed to be allowed back into the U.S. Prolonged travel, political activism and criminal convictions can lead to the revocation of a green card and possible denial at the port of entry.

Some Attorneys are advising that anyone who is not a U.S. citizen not to travel, and this includes green card holders. While I am not suggesting this is bad advice, for many people, not travelling is simply not an option. Weddings, funerals and sick or elderly relatives necessitate the need to travel. However, if you decide to travel you need to be aware of the risks.

International travel.

For those on work visas such as H-1B, TN, E-3 or L-1A first consider whether travel is absolutely necessary.

Also, if you are a citizen of a country which is on Trump’s travel ban list you will definitely not want to travel. If you travel and the travel ban becomes effective while you are gone you will not be allowed back in the country.

Traveling outside the U.S. whether as a non-immigrant or LPR holder requires careful preparation to ensure reentry into the country. Both groups should carry specific documents to facilitate their return and avoid complications at the border.

Documents for H-1B Visa Holders or similar visa holders

Nonimmigrants such as H-1B visa holders should carry the following documents when traveling internationally:

Valid Visa Stamp: Ensure your visa stamp in the passport is valid for reentry.
Form I-797 Approval Notice: This is the official document showing your H-1B status approval.
Employment Verification Letter: A letter from your employer confirming your current employment and position.
Recent Pay Stubs: To demonstrate ongoing employment and salary.
Passport: Must be valid for at least six months beyond your intended stay in the U.S.
Copy of the H-1B Petition: Including the Labor Condition Application (LCA) and other supporting documents.
Contacts for your employer and end client (if applicable) so that CBP can verify your employment.

Documents for Lawful Permanent Residents (LPRs)

LPRs, or green card holders, should carry the following documents:

Permanent Resident Card (Green Card): This is the primary document for reentry.
Reentry Permit (if applicable): If you plan to be outside the U.S. for more than one year, a reentry permit is necessary.
Proof of U.S. Residence: Documents such as utility bills, lease agreements, or property deeds to demonstrate ties to the U.S.
Documentation of Absence Reasons: If your absence is due to unforeseen circumstances, carry documentation such as medical records.
Valid state issued I.D like a driver’s license.

Know your rights- CP searches, passwords for social media etc.

U.S. citizens have an unequivocal right to enter the United States. This means that they cannot be denied entry into the country. However, this right does not extend to non-citizens, including lawful permanent residents (LPRs), non-immigrant visa holders, and other noncitizens, who may be subject to denial of entry based on various grounds of inadmissibility.

CBP officers are responsible for inspecting all individuals seeking entry into the United States at ports of entry. They have the authority to permit or deny admission based on the totality of circumstances, including law enforcement, public safety, and humanitarian considerations

CBP is empowered to perform searches without a warrant on individuals and their possessions, including electronic devices, at U.S. ports of entry. This power is derived from federal laws and court decisions that classify border searches as an exception to the Fourth Amendment’s safeguards against unreasonable searches and seizures. Their authority to inspect devices etc. also applies to U.S. Citizens.

CBP conducts two types of searches on electronic devices at U.S. borders: basic searches and advanced searches. Basic searches are routine and do not require any suspicion, while advanced searches are more intrusive and require reasonable suspicion of a legal violation or national security threat.

Basic Searches:
- Basic searches involve a routine examination of a traveler’s electronic device without the use of specialized tools. During these searches, CBP officers can review information that is publicly accessible on the device, such as photos, contacts, and locally stored files. However, they are not permitted to access data stored remotely or in the cloud.
- These searches do not require a warrant, probable cause, or reasonable suspicion, as they are considered routine under the border search exception to the Fourth Amendment.
Advanced Searches:
- Advanced searches are more thorough and involve the use of forensic tools to copy and analyze data stored on the device. These searches are conducted when there is reasonable suspicion of a violation of U.S. law or a national security concern.
- Unlike basic searches, advanced searches require at least reasonable suspicion, which is a lower standard than probable cause but still necessitates some justification for the search.

CBP can seize a device if a traveler refuses to unlock it. This refusal could also lead to a denial of entry. Travelers are not obligated to provide passwords for social media or cloud-based accounts. While CBP can request access to a device, they cannot force a traveler to reveal social media passwords or unlock cloud-based storage. However, they may hold the device for further inspection.

Travelers who feel they are being subjected to an improper search by U.S. Customs and Border Protection (CBP) officers have the right to request to speak with a supervisor. This request allows the traveler to seek a review of the situation by a higher-ranking officer, potentially addressing any concerns about the conduct or appropriateness of the search. But the reality is that if CBP start making accusations or interpreting information found on your device in a certain way, it’s almost impossible to challenge CBP.

CBP might also try and get you to sign something. Do not sign anything, unless you are given an opportunity to properly consider what you are signing and that the contents are completely accurate.

travel outside the U.S.

Conclusion

If you plan on travelling internationally then be prepared for additional screening/questioning and of course delays. Ensure you have the proper paperwork with you and are prepared to explain any prolonged absences and the reason for your visit. Consider travelling with a device that contains minimal sensitive data. Secure your devices with robust passwords and encryption. Since CBP can only search data stored locally on your device, logging out of cloud-based accounts can limit exposure to sensitive information. Ensure that all important data is backed up before traveling. If a device is seized, having a backup ensures that critical information is not lost. Check your device and social media for any message or posts that could put you in a negative light. One traveler was reportedly denied after CBP found messages that were critical of Trump. Finally answer CBP officers truthfully and concisely.

If you have concerns about international travel, please contact PLG Partner, Chris Prescott at cprescott@patellegal.com.