Know Your Rights: What to Do if You Are Detained at a U.S. Port of Entry (Updated for 2025)

Essential Information for Lawful Permanent Residents (Green Card Holders)

As of 2025, the United States has intensified enforcement measures at airports and land ports of entry. Even if you are a Lawful Permanent Resident (LPR)—commonly referred to as a Green Card holder—you can still face additional scrutiny upon reentry.

Here’s what you need to know before you travel and what to do if you are detained at a port of entry.

Who Is Affected?

All international travelers are subject to U.S. Customs and Border Protection (CBP) inspection. While LPRs have the right to reenter the U.S., CBP now closely reviews:

• Past immigration violations

• Criminal records or arrests (even minor ones)

• Pending applications with USCIS or immigration court

• Political opinions or protest involvement (yes, it happens)

You can be taken to secondary inspection even if you’ve traveled many times before without incident.

What Is Secondary Inspection?

If CBP has additional questions or concerns, they may refer you to secondary inspection—a separate area where you could be held for minutes, hours, or longer.

During this time, CBP may:

• Run background checks

• Take fingerprints and photos

• Search your phone, laptop, or social media accounts

• Ask detailed questions about your travel, contacts, or political opinions

• Temporarily confiscate your devices (you can request a receipt)

Being sent to secondary inspection does not automatically mean you are in trouble, but it’s important to know your rights.

DO NOT Sign Form I-407 (Abandonment of LPR Status)

CBP officers may try to get you to sign Form I-407, which would voluntarily give up your Green Card. Do NOT sign this form without speaking to a lawyer.

Here’s why:

• Form I-407 must be signed voluntarily.

• You have a right to a hearing before an immigration judge.

• CBP cannot revoke your LPR status without due process.

• If CBP takes your Green Card, ask for a passport stamp as proof of status.

If you refuse to sign, CBP must issue a Notice to Appear (NTA) and refer your case to immigration court.

If You Are Detained — Know Your Rights

If you are held by CBP or transferred to immigration detention, you still have rights:

• You can ask to speak to an attorney (CBP may deny access, but always ask)

• You can contact your country’s consulate

• You do not have to answer questions about your religion, politics, or activism

• You have the right to remain silent and not sign any documents without legal advice

• You have the right to review documents and ask for an interpreter

• You have the right to an immigration judge to challenge any attempt to revoke your Green Card

*Do not waive your right to a hearing before an immigration judge.

Before You Travel: When to Speak to a Lawyer

We strongly recommend consulting an immigration attorney before traveling internationally if any of the following applies:

• You have a criminal record, even if charges were dropped

• You have an open immigration case or past deportation order

• You’ve been stopped by CBP before or had previous visa issues

• You’re a conditional resident (on a 2-year green card)

Travel Tips for LPRs

• Carry your lawyer’s contact info and your consulate’s number on paper

• Share your travel itinerary with a trusted friend or family member

• Keep important immigration and identity documents in your carry-on

  
  

Remember:

• Being detained or questioned does not mean you lose your status

• Don’t panic. Be calm, informed, and assert your rights.

• Never sign anything you don’t understand.

• If detained, act quickly to contact a lawyer or have someone advocate for you.

Need Legal Advice Before Traveling?

At Canero Fadul Reis Law, we guide LPRs through complex travel issues, border detentions, and potential inadmissibility concerns. If you’re planning to travel or have recently been questioned at a port of entry, we can help you protect your rights and status.

Schedule a confidential consultation today and travel with confidence.