Op-Ed | To Travel or Not to Travel: Navigating U.S. Border During Heightened Immigration Enforcement
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To Travel or Not to Travel: Navigating U.S. Border During Heightened Immigration Enforcement
President Trump issued Presidential Proclamation Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats on June 4, 2025. The ban fully suspends entry to the U.S. for foreign nationals from the following countries: Afghanistan, Burma, Chad, Republic of the Congo, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. Travelers should be aware of certain risk factors that may lead to heightened scrutiny: criminal history, prior arrests, previous visa or immigration violations, social media activity, and public statements critical of U.s. policies. Travel with your green card (or valid I-551 stamp) and your passport. Avoid trips longer than six months to maintain continuous residency for naturalization. Consult an attorney before traveling if you’ve been arrested or convicted, even if the offense was minor or expunged. If planning to be abroad over a year, consult an immigration attorney in advance. Seek legal advice before leaving.
With increased border scrutiny, many foreign nationals are anxious about traveling to and from the United States. Harris Beach Murtha’s Immigration Practice Group has experienced a recent rise in related inquiries. With President Trump announcing fresh travel bans, inquiries will spike even more. Travelers should be aware of certain risk factors that may lead to heightened scrutiny:
Criminal history or prior arrests
Previous visa or immigration violations
Social media activity or public statements critical of U.S. policies
Travelers may face detailed questioning and searches of electronic devices. Delays at U.S. consulates for visa renewals are also more likely due to tighter security vetting.
On June 4, 2025, President Trump issued Presidential Proclamation Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats, which restricts the ability of foreign nationals from nearly 20 countries to travel to the United States and/or be issued visas for travel purposes. The ban took effect June 9, 2025 at 12:01am EDT.
The ban fully suspends entry to the United States for foreign nationals from the following countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The proclamation also implements a partial travel ban by suspending entry into the United States for immigrant visas holders, as well as B-1, B-2, B-1/B-2, F, M, and J visa holders, and reduces the validity of other nonimmigrant visas for nationals of the following countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. The proclamation does carve our specific exemptions from the ban for certain classes of immigrants.
Best Practices for Reentry
Answer only what’s asked: Keep answers to U.S. Customs and Border Protection (CBP) questions brief and truthful. Do not volunteer extra information.
Only provide requested documents: Show your latest I-797 notice if applicable.
Stay calm and honest: Nervousness is normal, but honesty is critical. Lying or guessing answers can have serious consequences.
Review your devices: CBP may inspect mobile phones, laptops and other digital devices. Be aware of what’s stored and visible, as even innocent information can be misinterpreted.
Common Travel Questions
Q. I’m a green card holder with no criminal record. Can I travel and return?
Yes. Travel with your green card (or valid I-551 stamp) and your passport. Avoid trips longer than six months to maintain continuous residency for naturalization. If planning to be abroad over a year, consult an immigration attorney in advance.
Q. I’m a green card holder with a criminal history. Can I reenter?
Yes, but certain convictions — especially aggravated felonies — could trigger deportation proceedings. Carry documentation showing charges were dismissed if applicable. Consult an attorney before traveling if you’ve been arrested or convicted, even if the offense was minor or expunged.
Q. I have a valid multiple-entry nonimmigrant visa. Can I return?
Yes, if you’re resuming the same activity under your visa classification, and your stay in the United States hasn’t exceeded your I-94 date.
Q. I’ve applied for a green card (Form I-485). Can I travel?
Only with an approved Advance Parole document, unless you hold H-1B or L-1 status. Traveling without it may abandon your green card application. Seek legal advice before leaving.
Q. Does Advance Parole guarantee reentry?
No. Advance Parole doesn’t waive grounds for inadmissibility. Anyone with an arrest or conviction history should consult a lawyer before traveling, even with Advance Parole.
Know Your Rights at the Border
Q. Can border officers ask about immigration status?
U.S. citizens must only confirm identity and citizenship.
Green Card holders must show proof of identity and status.
Non-citizens are subject to more questioning. Refusing to answer can result in denial of entry.
Q. Can officers ask about religion or political views?
These topics are protected under the First Amendment.
Citizens and green card holders can refuse to answer without losing entry rights.
Non-citizens can also decline but risk delay or denial. If you fear persecution, express this to CBP and request asylum.
Q. Can Green Card Holders Be Denied Reentry?
Yes, under specific circumstances, including:
Absence from the United States for more than 180 days
Criminal convictions or admissions
Engaging in illegal activity abroad
Political views expressed online or participation in protests can also trigger scrutiny. Consult legal counsel if any of these apply.
Border Searches and Your Devices
Can CBP search your electronic devices?
Yes. CBP can inspect and copy device contents without suspicion.
Citizens cannot be denied entry but may face delays or seizures.
Green card holders have similar rights.
Non-citizens may be denied entry for refusal.
Best practice: enter passwords yourself rather than sharing them.
Need Personalized Help?
This summary is not a substitute for legal advice. For complex situations or questions about your specific case, consult an experienced immigration attorney.
L.D. D’Arrigo is the leader of Harris Beach Murtha’s Immigration Practice Group