The American Immigration Lawyers Association (AILA) has released guidance urging lawful permanent residents to understand their rights when returning to the United States, citing heightened enforcement and increased scrutiny at ports of entry.
Green card holders, like all international travelers, are subject to inspection by U.S. Customs and Border Protection (CBP). While they generally have stronger legal protections than nonimmigrants, AILA warns that officers are paying closer attention to travelers’ past immigration history, criminal records, and even political activity.
Travelers who raise questions during initial screening may be referred to “secondary inspection,” where CBP officers conduct additional questioning, run background checks, and may collect biometric data. Officials can also search electronic devices, including reviewing social media, and may temporarily retain phones or laptops.
AILA cautions permanent residents not to sign Form I-407, which indicates voluntary abandonment of green card status, without first consulting a lawyer. The group emphasizes that only an immigration judge—not CBP—has the authority to revoke lawful permanent resident status, and the government must meet a high burden of proof in court.
If a resident refuses to sign the form, CBP is required to initiate removal proceedings by issuing a Notice to Appear. Individuals may also request proof of their status if their green card is confiscated.
According to the guidance, those detained at the border still retain key rights, including the ability to contact their consulate, request an attorney, remain silent, and ask for an interpreter. They also have the right to review any documents in a language they understand before signing.
The guidance further notes that CBP officers may ask about political beliefs or affiliations, but travelers are not required to answer questions related to constitutionally protected activities.
AILA recommends that permanent residents consult legal counsel before traveling if they have a criminal record, pending immigration applications, or prior immigration violations. Travelers are also advised to carry contact information for a lawyer or consulate and inform family members of their travel plans.
The flyer states it is intended for general informational purposes and encourages individuals to seek case-specific legal advice from a licensed immigration attorney.
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.
