In recent weeks, an increasing number of U.S. visa and green-card holders have reported being detained, interrogated, and in some cases, deported. These incidents coincide with intensified immigration enforcement under President Trump’s administration, prompting concerns about whether these actions reflect routine enforcement or a broader shift toward arbitrary detainment and deportation.
What Green Card Holders Should Know About Being Detained at a U.S. Port of Entry
Understanding Your Rights and Risks When Re-Entering the U.S.
For lawful permanent residents (LPRs), international travel can sometimes lead to unexpected scrutiny at U.S. airports and ports of entry. Customs and Border Protection (CBP) officers have the authority to question, detain, and even refer green card holders for secondary inspection if there are concerns regarding their immigration status.
This guide provides essential information on why green card holders may be detained, what to do if it happens, and how to safeguard your legal status before traveling.
Why Green Card Holders May Face Detention at the Airport or Port of Entry
Upon arrival in the U.S., all travelers, including LPRs, must undergo an inspection by CBP officers. While most green card holders pass through without incident, certain circumstances may trigger additional scrutiny.
Common Reasons for Green Card Holder Detention
- Extended Absence from the U.S. – Staying abroad for more than 180 days may lead CBP to question whether you abandoned your residency.
- Criminal Record – Even old or minor criminal offenses can result in secondary inspection or possible removal proceedings.
- Pending Removal Proceedings – If you traveled while in removal proceedings, re-entry could be problematic.
- Alleged Immigration Fraud – CBP may investigate whether your green card was obtained through fraudulent means.
- Violation of Green Card Terms – Engaging in unauthorized work or illegal activities abroad may raise concerns about your eligibility to remain in the U.S.
What to Do If You Are Sent to Secondary Inspection
If CBP sends you for secondary inspection, it means they need additional time to review your immigration history and determine whether you are admissible.
Steps to Take If You Are Detained
✔ Remain Calm and Respectful – Avoid arguing with officers; do not volunteer unnecessary information.
✔ Request to Speak with an Attorney – Though CBP is not required to allow legal representation at this stage, you may request to contact an immigration attorney.
✔ Do Not Sign Any Documents Without Legal Advice – Especially Form I-407, which would voluntarily surrender your green card.
✔ Request a Hearing Before an Immigration Judge – If CBP challenges your residency status, you have the right to a hearing instead of accepting immediate removal.
✔ Ask for Written Documentation – If denied entry or detained, request copies of any official decisions.
How CBP Determines Green Card Abandonment
CBP officers assess whether an LPR has abandoned their residency based on multiple factors, including:
- Duration of Stay Outside the U.S. – Absences of more than six months may raise questions.
- Strong Ties to the U.S. – CBP examines if you have a permanent U.S. residence, pay taxes, own property, or maintain employment.
- Purpose of Travel – Temporary absences for work, medical treatment, or family reasons should be documented.
What to Do If CBP Claims You Abandoned Your Green Card
❌ Do Not Sign Form I-407 – Signing it waives your green card rights.
✅ Request a Hearing – You can defend your residency before an immigration judge.
✅ Provide Supporting Evidence – Present proof of ties to the U.S. such as tax returns, bank statements, employment records, and homeownership documents.
Criminal and Other Conduct That Can Lead to CBP Detaining a Returning Green Card Holder and Placing Them in Removal Proceedings
While lawful permanent residents (LPRs) enjoy significant rights in the U.S., they are still subject to the immigration laws that govern admissibility and deportability. One of the most serious situations an LPR can face is being detained by U.S. Customs and Border Protection (CBP) upon returning from international travel. CBP officers have the authority to inspect, detain, and refer Green Card holders to immigration court for removal proceedings if they believe the person has committed a deportable offense.
This article provides a comprehensive overview of the types of criminal and other conduct that can result in an LPR being taken into custody and potentially losing their status.
1. Criminal Grounds for Detention and Removal by CBP
Under Immigration and Nationality Act (INA) § 212(a) and § 237(a), Green Card holders can be found inadmissible or deportable due to certain criminal offenses. While LPRs usually have greater protections than non-immigrants, they can still be subjected to immigration enforcement if they engage in certain criminal activities.
A. Crimes Involving Moral Turpitude (CIMT)
CBP can detain an LPR if they have been convicted of a Crime Involving Moral Turpitude (CIMT), which generally refers to crimes that involve dishonesty, fraud, or intent to harm others.
Examples of CIMTs
- Fraud (e.g., identity theft, credit card fraud, tax fraud)
- Theft (e.g., burglary, shoplifting, embezzlement)
- Assault with intent to cause harm
- Domestic violence and child abuse
- Perjury or obstruction of justice
When does a CIMT make an LPR inadmissible or deportable?
- If convicted of one CIMT within five years of obtaining Green Card and the possible sentence exceeds one year
- If convicted of two CIMTs at any time, even if they occurred separately
B. Controlled Substance Offenses (Drug Crimes)
Any LPR convicted of a drug-related offense, other than a single possession of 30 grams or less of marijuana, is deportable.
Examples of Deportable Drug Offenses
- Drug possession (except for small amounts of marijuana)
- Drug trafficking or distribution
- Possession with intent to distribute
- Manufacturing or selling controlled substances
Even an arrest or admission of drug use (without conviction) can trigger inadmissibility at the border!
C. Aggravated Felonies
Under INA § 101(a)(43), an “aggravated felony” is one of the most serious categories of crimes for immigration purposes. A conviction for an aggravated felony almost always results in mandatory deportation without the possibility of relief.
Examples of Aggravated Felonies
- Murder or rape
- Drug trafficking
- Firearm offenses
- Fraud involving $10,000 or more
- Theft or burglary with a sentence of one year or more
- Violent crimes with a sentence of one year or more
LPRs convicted of aggravated felonies cannot apply for most forms of relief from removal, including cancellation of removal.
2. Non-Criminal Conduct That Can Trigger CBP Detention and Removal Proceedings
Not all reasons for detention and removal are criminal. CBP can place a returning Green Card holder in removal proceedings due to violations of immigration laws, fraud, or extended absences.
A. Abandonment of Permanent Residency
LPRs who remain outside the U.S. for an extended period without proper documentation risk being classified as having abandoned their residency.
What Can Lead to a Finding of Abandonment?
- Staying outside the U.S. for more than one year without a Reentry Permit
- Having a pattern of long absences without a permanent home in the U.S.
- Using a foreign address or filing taxes as a non-resident
- Stating an intention to live permanently outside the U.S.
B. Immigration Fraud or Misrepresentation
If CBP discovers that an LPR obtained their Green Card through fraud or misrepresentation, they can be placed in removal proceedings.
Examples of Immigration Fraud
- Marriage fraud (obtaining a Green Card through a fake or fraudulent marriage)
- Lying on immigration applications
- Using false documents to obtain an immigration benefit
If CBP suspects fraud, they may detain the LPR, confiscate their Green Card, and start removal proceedings.
C. Security and Terrorism-Related Concerns
LPRs who support terrorist organizations or are linked to espionage or sabotage may be detained by CBP under national security grounds.
Examples of Security-Related Violations
- Being associated with terrorist groups
- Conspiring to harm the U.S. government
- Participating in human trafficking
Even minor connections to banned organizations can result in serious consequences.
D. Smuggling of Aliens or Contraband
LPRs who attempt to bring undocumented individuals into the U.S. (including family members) can be detained and placed in removal proceedings. This includes:
- Helping someone enter the U.S. without a visa
- Acting as a “courier” for illegal goods or money laundering
E. Violating the Terms of Permanent Residency
While Green Card holders have significant rights, they still have obligations. Engaging in activities that violate immigration laws can lead to inadmissibility or removal.
Examples include:
- Voting in U.S. elections as a non-citizen
- Claiming U.S. citizenship falsely
3. What Happens When CBP Detains a Green Card Holder?
If CBP determines that an LPR is inadmissible or deportable, they may:
- Send the LPR to Secondary Inspection for further questioning
- Detain them at a CBP holding facility
- Issue a Notice to Appear (NTA) in immigration court
If detained, an LPR has the right to:
- Contact an attorney (unlike non-citizens, LPRs have more rights)
- Request bond (unless charged with an aggravated felony)
- Defend themselves in immigration court
How to Protect Your Green Card While Traveling
Avoiding detention and maintaining your green card status requires proactive measures:
- Limit Extended Absences – If planning to stay abroad for over six months, apply for a Reentry Permit (Form I-131).
- Maintain Active U.S. Ties – Keep a U.S. address, file taxes, and stay connected to employment or community activities.
- Carry Supporting Documentation – Bring records of employment, medical treatment, or other reasons for extended travel.
- Consult an Immigration Attorney – Before traveling, seek legal advice if you have past criminal issues, pending removal cases, or long stays abroad.
Recent Cases of Concern
1. Dr. Rasha Alawieh – A Lebanese Doctor Deported Despite Court Order
- Who? Dr. Rasha Alawieh, a 34-year-old kidney-transplant specialist at Brown University.
- What Happened?
- Arrived at Boston Logan International Airport with a valid H-1B visa issued by the U.S. consulate in Lebanon.
- Customs and Border Protection (CBP) officers detained her, citing alleged links to Hezbollah based on digital content found in her phone.
- A judge issued a court order temporarily blocking her deportation, but she was deported to Paris the next day.
- Justice Department officials later claimed her removal occurred before they received the court order.
- Why It Matters: Raises serious legal concerns regarding due process and compliance with judicial orders.
- More on This Case: Politico Report
2. Fabian Schmidt – German Green-Card Holder Detained Over Old Drug Charge
- Who? Fabian Schmidt, a 34-year-old electrical engineer living in New Hampshire.
- What Happened?
- Detained at Logan International Airport upon returning from a trip to Europe.
- Allegedly “violently interrogated” and pressured to surrender his green card.
- Hospitalized briefly after collapsing and later transferred to an ICE facility.
- His mother says the detainment was linked to a 2015 marijuana possession charge that had been dismissed.
- Why It Matters: Highlights issues with outdated drug laws affecting immigrants, despite legal marijuana reforms in several states.
- More on This Case: GPH News Report
3. Ranjani Srinivasan – Indian Columbia University Student Targeted for Activism
- Who? Ranjani Srinivasan, a 37-year-old Fulbright scholar from India.
- What Happened?
- Her student visa was revoked, allegedly due to her participation in pro-Palestinian protests at Columbia University.
- ICE agents attempted to detain her at her apartment but were denied entry by her roommate.
- She fled to Canada the same night.
- Why It Matters: Raises concerns about academic freedom, freedom of speech, and potential misuse of immigration enforcement for political retaliation.
- More on This Case: New York Times Report
4. Camila Muñoz – Peruvian Newlywed Detained at the Airport
- Who? Camila Muñoz, a Peruvian immigrant married to an American citizen.
- What Happened?
- Detained at an airport checkpoint in Puerto Rico while returning from her honeymoon.
- She had overstayed her visa due to COVID-19 travel restrictions but had an ongoing green card application.
- Now being held at an ICE detention center in Louisiana.
- Why It Matters: Shows how legal immigration processes can be disrupted, even for spouses of U.S. citizens.
- More on This Case: USA Today Report
5. 10-Year-Old U.S. Citizen with Brain Cancer Deported with Parents
- Who? A 10-year-old Mexican-American girl undergoing treatment for brain cancer in Texas.
- What Happened?
- Her undocumented parents were detained while driving to Houston for medical treatment.
- They had previously traveled the same route multiple times without issues.
- The family was deported to Mexico, despite the child being a U.S. citizen.
- Why It Matters: Raises humanitarian concerns about deportation policies affecting U.S. citizen children with critical medical needs.
- More on This Case: NBC News Report
Key Issues Raised by These Cases
1. Increased Immigration Enforcement Under Trump
- The administration has intensified immigration policies, affecting both undocumented individuals and legal visa holders.
- Reports suggest that enforcement has become more aggressive and arbitrary.
2. Due Process and Legal Violations
- Cases like Dr. Alawieh’s deportation despite a judge’s order suggest potential violations of legal rights.
- Immigrants and green-card holders facing deportation often struggle to access legal representation.
3. The Role of Social Media and Political Views
- Some individuals have been targeted due to their online activity or political beliefs, as seen in Srinivasan’s case.
- Raises concerns about free speech and government surveillance.
4. Humanitarian Concerns and Family Separation
- The deportation of a 10-year-old U.S. citizen’s family underscores issues with the enforcement-first approach.
- Families like Muñoz and her husband face emotional and financial devastation due to sudden detentions.
What Can Affected Individuals Do?
1. Know Your Rights
- Green-card holders and visa holders: You have legal rights at U.S. borders. Learn more from ACLU’s Immigration Rights Guide.
- If approached by ICE agents: You are not required to answer questions without a lawyer. Read more at National Immigration Law Center.
2. Seek Legal Help Immediately
- If detained or facing deportation, contact an immigration lawyer or advocacy group.
- Resources:
3. Advocate for Policy Changes
- Support organizations pushing for fairer immigration policies, such as RAICES and National Immigration Forum.
FAQs on U.S. Customs and Border Protection (CBP) Issues for Returning Green Card Holders and Non-Immigrant Visa Holders
General Questions About CBP Procedures
- What is U.S. Customs and Border Protection (CBP)?
CBP is the federal agency responsible for securing the U.S. borders and facilitating legal entry. It oversees immigration inspections, customs enforcement, and border security. - What happens at a CBP checkpoint when entering the U.S.?
Travelers must present valid travel documents to CBP officers at ports of entry (airports, land borders, seaports). Officers verify documents, review admissibility, and may ask questions about travel history, intent, and legal status.
Issues for Returning Green Card Holders (Lawful Permanent Residents – LPRs)
Reentry and Documentation
- What documents do I need to reenter the U.S. as a Green Card holder?
You need a valid, unexpired Permanent Resident Card (Green Card, Form I-551) or a Reentry Permit (Form I-327) if absent for an extended period. - What if my Green Card is expired or lost while I am abroad?
You should apply for a Boarding Foil (Form I-131A) at a U.S. consulate to board a flight back to the U.S. If already at a U.S. port of entry, CBP may allow entry at their discretion.
Length of Absence Issues
- Will I have issues returning if I was outside the U.S. for over a year?
Absence of over 1 year without a Reentry Permit may be considered abandonment of permanent residency, and you could be denied entry. You may need to apply for an SB-1 Returning Resident Visa at a U.S. consulate. - What if I was outside the U.S. for just under a year?
While absences under a year are typically allowed, CBP may still question your intent to maintain residency if you have multiple long absences. - Can CBP revoke my Green Card at the border?
CBP cannot unilaterally revoke a Green Card, but they can challenge your residency and refer you to immigration court. If you sign Form I-407 (Record of Abandonment of LPR Status), you voluntarily give up your Green Card.
CBP Secondary Inspection
- Why was I sent to secondary inspection?
Common reasons include:- Extended travel outside the U.S.
- Criminal history
- Name matches a watchlist
- Travel pattern concerns
- Missing or questionable documents
- How long can CBP detain me for questioning?
There is no strict time limit. CBP can detain you for several hours for questioning and further checks.
Issues for Non-Immigrant Visa Holders (Tourists, Students, Workers, etc.)
Entry and Visa Validity
- Can I be denied entry even with a valid visa?
Yes, having a visa does not guarantee entry. CBP officers determine admissibility at the port of entry. - What should I bring besides my visa?
Supporting documents such as return tickets, proof of financial support, invitation letters (if applicable), and proof of ties to your home country can help. - What if my visa is valid, but my passport is expiring soon?
Many countries require that passports be valid for at least six months beyond the intended stay. If your passport is near expiration, CBP may deny entry.
Common Reasons for Denial of Entry
- What are some reasons CBP might deny entry?
- Insufficient proof of intent to return home
- Suspicion of unauthorized work or intent to overstay
- Prior immigration violations or overstays
- Criminal records
- Security concerns
- What happens if I am denied entry?
- You may be allowed to withdraw your application for admission (voluntary departure).
- You may be expedited removed, which can bar reentry for 5 years.
- You may be referred for additional questioning or held for further processing.
CBP Secondary Inspection for Visa Holders
- What should I do if I’m sent to secondary inspection?
- Remain calm and answer questions truthfully.
- Provide any requested supporting documentation.
- Do not lie or provide false documents—it can lead to a permanent ban.
Visa-Specific Issues
- I have a B1/B2 tourist visa. Can I visit frequently?
While there is no official limit, frequent visits may raise red flags. CBP may suspect you are living in the U.S. without the proper visa. - Can I enter the U.S. on a tourist visa and apply for a Green Card?
Entering the U.S. on a B1/B2 visa with the intent to apply for a Green Card is considered fraud. However, if circumstances change after entry, you may apply. - I have an F-1 student visa. What issues might I face?
- You must show proof of continued enrollment.
- Reentering after dropping out or unauthorized work may lead to denial.
- Can I work in the U.S. with a B1/B2 visa?
No, working on a tourist visa is illegal. If suspected, CBP may deny entry and cancel your visa. - I have an H-1B work visa. What should I bring?
- A valid passport and visa
- Form I-797 approval notice
- Employment verification letter
Miscellaneous CBP Issues
Travel Bans and Restrictions
- Can CBP check my phone and social media?
Yes. CBP has broad authority to inspect electronic devices. Refusing may result in delayed entry or denial. - What should I do if I am detained by CBP?
- Request a reason for detention.
- You may not have a right to an attorney at a port of entry (unless subject to removal proceedings).
- Contact your embassy if necessary.
- Can I travel while my Green Card renewal is pending?
If your Green Card is expired but you have Form I-797 (receipt notice for renewal), CBP should allow reentry. However, carrying a valid passport is recommended. - I was denied entry before. Can I try again?
Yes, but depending on the reason for denial, you may need a waiver or new visa. - What if I have an old criminal record?
Some crimes make you inadmissible. If eligible, you may need a waiver of inadmissibility (Form I-601) before travel.
Final Tips for Avoiding CBP Issues
✅ Always carry necessary travel documents.
✅ Be honest with CBP officers.
✅ Avoid overstays and unauthorized employment.
✅ Check travel restrictions before departure.
✅ Consult an immigration attorney if you have prior denials or legal issues.
Conclusion
These cases highlight the growing unpredictability and severity of immigration enforcement in the U.S. today. While security is important, ensuring due process and humane treatment remains a critical concern. Whether these actions are routine or indicative of a broader shift remains to be seen, but for many, the consequences are life-altering.
Why Choose Richard T. Herman, Esq. for Your CBP-Related Legal Needs?
When facing sensitive interactions with U.S. Customs and Border Protection (CBP), being prepared is critical. Whether you’re a returning green card holder or entering on a non-immigrant visa, having an experienced immigration attorney on your side can make all the difference.
Benefits of a Consultation with Richard T. Herman, Esq.
✅ Personalized Legal Strategy – Get a customized approach based on your specific situation.
✅ CBP-Specific Expertise – Benefit from years of experience handling cases involving CBP scrutiny.
✅ Risk Assessment & Solutions – Identify potential red flags and develop a plan to address them.
✅ Peace of Mind – Navigate your entry process with confidence, knowing you are legally protected.
✅ Avoid Costly Mistakes – Prevent missteps that could lead to delays, denials, or serious legal consequences.
Schedule Your Consultation Today
Don’t leave your U.S. entry or re-entry to chance. The right legal guidance can prevent unnecessary stress, protect your rights, and ensure a smoother process at the border.
Take action now—schedule a consultation with Richard T. Herman, Esq. today. Ensure you are fully prepared for your interaction with CBP.
👉 Contact us now to book your consultation! Call 216-696-6170, or go online, to schedule your consultation with Richard.
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