Amid President Donald Trump’s tough stance on immigration, many lawful U.S. residents, including those with green cards and visas, find themselves in a precarious situation. Reports indicate that these individuals are facing heightened scrutiny, particularly at airports, and have even encountered wrongful deportations without due process.
Increased Arrests Raise Concerns
Over the last decade, federal immigration officials conducted around 2% of their nationwide arrests in Michigan and Ohio. Alarmingly, in the past four years, more than half of those apprehensions resulted in no criminal charges aside from immigration violations. The impact of such enforcement practices during the Trump administration raises concerns about the safety and rights of legal residents.
As uncertainty looms about how policies might evolve, advocates and attorneys are encouraging immigrants to take proactive measures to safeguard themselves and their families against potential detention or deportation.
Essential Safety Measures for Immigrants
Carry Your Green Card
According to U.S. law, green card holders over 18 must carry their cards at all times. While some may hesitate due to the value of the document, legal experts strongly recommend having it on hand. Diego Bonesatti, the legal services program manager at Michigan United, stated, “A lot of people are hesitant to carry it with them because it’s a valuable document.” He further advises keeping a copy at home to ensure that family members can contact legal counsel if necessary.
Ruby Robinson, an attorney at the Michigan Immigrant Rights Center, echoes this sentiment, urging individuals to carry a physical copy rather than relying on digital images stored on phones. “If a person has status in the United States, it’s a good idea to carry evidence of that on them,” she emphasized.
Consult an Attorney if You Have a Criminal Record
Noncitizens with any form of criminal conviction—regardless of whether those convictions were vacated or expunged—are encouraged to consult an immigration attorney. While not all criminal offenses automatically lead to deportation, understanding the implications on your legal status is crucial. Both Robinson and Bonesatti stress the importance of seeking legal advice and devising a protective plan.
Once you’ve consulted an attorney, keep their contact information handy and share it with your family members so they can reach out quickly if needed.
Assess Travel Risks
Concerns about traveling into and out of the U.S. are prompting more inquiries to legal professionals. Many individuals face limited risks while traveling; however, factors like a criminal history or complicated immigration backgrounds can trigger extra scrutiny. Robinson noted that certain visual markers, such as facial tattoos, could increase the odds of being targeted by immigration officials. “It’s unfortunate, but…they’re going to get more scrutiny than they did before,” he lamented.
Knowing one’s rights is essential when evaluating travel risks:
- Refusing Questions: U.S. citizens and green card holders have the right to refuse to answer questions posed by Customs and Border Protection (CBP) and cannot be denied entry based on their refusal.
- Legal Representation: Although travelers are not entitled to an attorney during the first two inspections by CBP, requesting one is advisable. Temporary visa holders, however, risk denial of entry for refusing to answer questions.
- Detainment Procedures: If detained while reentering the U.S., only an immigration judge can revoke a green card. Legal residents have the right to request a hearing, but should prepare for delays due to immigration court backlogs. Robinson warns against signing Form I-407, stating, “If you are asked to sign an I-407, say ‘No, I want to see a judge.’”
During border crossings, authorities may seek to inspect personal devices, including phones and laptops. Bonesatti explains that federal officials possess considerable authority at border sites, meaning they can legally confiscate belongings or access devices if users utilize biometric unlock features. He recommends using password protection instead.
Social Media Presence and Immigration Status
Immigration officials have increasingly leveraged social media activity in their adjudications, with reports indicating that posts have led to deportation or visa denials. With increasing scrutiny, it raises important constitutional questions regarding free speech and immigration benefits. Robinson cautioned, “How far does free speech affect the person’s ability to secure immigration benefits? That’s one of the many constitutional questions that there are before courts today.”
To mitigate risks while traveling, individuals concerned about their online presence should consider making accounts private and, if possible, traveling without their cell phone.
With the landscape of immigration enforcement changing under the Trump administration, many legal residents face mounting fears. As community advocates work hard to provide resources and support, it becomes increasingly important for residents to stay informed and take steps to protect their rights.
