The American Immigration Lawyers Association (AILA) has raised concerns about a shift in practice at certain Customs and Border Protection (CBP) ports of entry, where individuals with a pending Notice to Appear (NTA) are now automatically subjected to detention or Enforcement Removal Operations (ERO) upon requesting admission to the U.S.
According to AILA, this policy change has affected legal permanent residents (LPRs) and conditional permanent residents in removal proceedings, including those with valid I-551 stamps issued after a Form I-751 denial. AILA advises that individuals with an active NTA should avoid international travel and have their cases reviewed before attempting to re-enter the U.S. The organization has sought clarification from CBP and is awaiting a response.
New York-based immigration attorney Ramesh Shrestha elaborated on the issue, highlighting two key groups of Green Card holders who should be particularly cautious.
“Obviously, a legal permanent resident who has been in removal proceedings but later adjusted their status without formally terminating those proceedings may fall into this category. Before traveling abroad, they must ensure that their removal proceedings have been formally terminated,” said Shrestha. “They are mainly arriving aliens or paroled aliens.”
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Shrestha also warned that individuals whose Form I-751 petition to remove conditions on residence was denied but whose LPR status remains valid due to an automatic extension should not travel internationally. “The issuance of an NTA is automatic upon denial and usually simultaneous,” he explained.
“Additionally, individuals with an outstanding deportation order who later received Temporary Protected Status (TPS) and are traveling with Advance Parole may also face heightened risks of detention by CBP or ERO officers upon re-entry,” Shrestha suggests.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
