Why Are Green Card Holders Being Detained at Airports in 2025?

Author: Grace Remington, Esq.

OVERVIEW

    Introduction

    In 2025, lawful permanent residents (LPRs) face increased detentions and reentry difficulties at U.S. airports due to heightened immigration enforcement under Executive Order 14161 and USCIS policies. This overview offers straight answers on prolonged travel outside the U.S., travel risks for those with a criminal history, and travel tips for green card holders.

    Prolonged Travel Outside the U.S.

    A. Residency Obligation

    Green card holders may lose their green card status if they move to another country with the intention to live there permanently.  In other words, green card holders have a U.S. “residency obligation.”  U.S. Citizenship and Immigration Services (USCIS) states that remaining outside of the U.S. for an extended period of time will result in the loss of permanent resident status, unless the absence is temporary, as shown by: 1) the reasons for your trip; 2) how long you planned to be absent from the U.S.; 3) other circumstances of your absence; and 4) any events that may have prolonged your absence.

    B. 180-Day Rule

    If your travel abroad is for 6 months or less (180 days or less), you should typically have few questions regarding your intention to remain a permanent resident when returning to the U.S.  Travel abroad for more than 180 days but less than a year, may subject you to inspection upon your return to the U.S.  Specifically, you may be asked to prove that you’ve been maintaining your status as a lawful permanent resident.

    C. One-Year Rule

    If your travel abroad is for a year or longer, you must prove upon your return that you maintained your status as a lawful permanent resident.  You cannot not use your Form I-551 (green card) to reenter the U.S. after travel abroad of a year or more.  Accordingly, you will either need a valid reentry permit to enter the U.S., or you will need to apply for a returning resident visa (SB-1) before attempting to reenter the U.S. (8 CFR § 223.1).

    D. Reentry Permit Option

    With a valid reentry permit, you can reenter the U.S. after up to 2 years of absence from the U.S. without having to obtain a returning resident visa.  Ideally, you apply and receive your reentry permit before you leave the U.S., but at a minimum, the reentry permit must be applied for while still in the U.S., even if the permit is not issued before the time of departure. With a valid reentry permit, there is a legal presumption that you intended to maintain your status as a lawful permanent resident despite lengthy trips outside of the country.

    Criminal History Issues

    LPRs with convictions for aggravated felonies (e.g., murder, drug trafficking), crimes involving moral turpitude (e.g., theft, fraud), controlled substance offenses, firearms violations, or domestic violence may be deemed inadmissible or removable (INA § 212(a)(2), § 237(a)(2)).  These categories of crimes subject any non-U.S. citizen to a review of whether they are admissible and removable.  LPR travelers with such offenses may be denied entry into the U.S., placed into removal (deportation) proceedings, or held without bond.

    A. Past Charges—Even Dismissed Ones—Can Matter

    Green card holders with even minor criminal histories may face scrutiny and difficulty in entering the U.S.  Such travelers must carry with them court certified copies of the dispositions of any past criminal records and be aware that even dismissed charges can result in questioning and delays at the airport.  Additionally, those LPR travelers who have a criminal record but have had no issues during past U.S. entries must likewise expect additional questions and secondary inspection.  Customs and Border Protection (CBP) officers have increased latitude to question green card holders.  Accordingly, green card holders who have criminal records, even minor, dismissed, or expunged ones, are advised not to travel outside the U.S.

    B. Traveling During Pending Removal Proceedings

    Traveling abroad while in active removal proceedings is extremely risky and not advised.  Speak with an immigration lawyer before any international travel, as they can assess your specific risks. In general, leaving the U.S. while in removal proceedings allows CBP to treat you as an “arriving alien” upon return. Traveling while in removal proceedings triggers the possibilities of detentions, denied reentry, and removal without a hearing (expedited removal).  CBP may pressure LPRs to sign Form I-407, Record of Abandonment of Lawful Permanent Resident Status, which voluntarily relinquishes LPR status. Reports indicate coercive tactics; never sign without consulting an attorney (8 CFR § 235.4).

    C. Suspected Immigration Fraud

    CBP can question or detain green card holders suspected of fraud or misrepresentation.  This may include any misrepresentations made during the original green card application and any inconsistencies in your travel or documentation.   A simple example of this is not disclosing a name or previous identity you used or not listing an organization in which you belonged to in the past. Generally, the misrepresentations must be material to be actionable, however, this does not mean that CBP will not detain green card holders and question them about the misrepresentation. Even long-time residents can be questioned if suspicions arise.

    Increased CBP Security Measures in 2025

    Executive Order 14161, ‘Protecting the American People Against Invasion,’ issued January 20, 2025, mandates enhanced vetting for all aliens, increased CBP/ICE staffing, and prioritizes removal of inadmissible or removable aliens (Sections 4, 5, 22).  More DHS officers increase the government’s ability to specifically look for information about non-citizens to determine if they may pose a threat to the U.S. and its “way of life.” CBP officers cannot revoke green cards but may detain LPRs and initiate removal proceedings if deemed inadmissible (INA § 235(b); 8 CFR § 235.3). Only an immigration judge can order removal.

    A. Device Searches

    While green card holders are not required to hand in, open, or unlock their electronics or answer CBP’s questions about them, refusing to do so will likely result in delays to entering the U.S. CBP officials use device searches to screen for security risks, which can include ideological speech.

    B. Social Media Monitoring

    Under EO 14161, USCIS and CBP conduct social media monitoring to verify identities, detect fraud, and assess risks, including at ports of entry. CBP may review content for anti-Americanism or terrorism-related activity, impacting admissibility (8 CFR § 235.1; USCIS, April 9, 2025).  By checking social media, USCIS may compare applicant statements made in the past with those made in a current petition or application, and in so doing, may gain important background information or uncover inconsistencies. As stated, CBP may request physical access to your devices to similarly review this type of content.

    Travel Tips to Protect Yourself

    • Reconsider international travel and choose domestic destinations where possible.
    • Review your responsibilities as a green card holder, including residency and tax payment obligations.
    • Travel with relevant documentation, such as proof of your intent to maintain U.S. residency, reentry permits, official court documents and criminal dispositions, and communications from USCIS or other immigration agencies.
    • Check validity dates on your passport, green card, reentry permit, or other relevant documents for yourself and any children or other traveling companions.
    • Expect delays at the airport upon arrival and plan accordingly.
    • Inform friends and family of your specific flight numbers and arrival times so that they are aware of your whereabouts in case your devices are inaccessible to you.
    • Keep the telephone numbers for immigration counsel with you and accessible to you even without your phone.
    • If detained at a U.S. airport, remain calm, request a hearing before an immigration judge, and contact an attorney immediately. Do not sign Form I-407 or other documents without legal advice (8 CFR § 240.1).

    Conclusion

    One thing is clear, foreign nationals traveling to the U.S. must maintain the utmost awareness and preparedness. Travel restrictions and reentry issues are expected to increase.  While green card holders may have more protections than visa holders, they are nonetheless at risk.  Consult reliable sources of information and when in doubt, seek assistance from qualified immigration professionals.

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    Michael Ashoori, Esq.

    President of Ashoori Law

    I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

    Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

    Got a question? Send me an email.