Know Your Rights: What to Do if You Are Detained at a U.S. Port of Entry
The American Immigration Lawyer’s Association (AILA) has released this flyer to help Lawful Permanent Residents (LPRs) understand their rights if they are detained at a United States (U.S.) port of entry.
As of 2025, LPRs are facing heightened scrutiny when reentering the U.S. through airports and land borders. While LPRs have stronger protections than temporary visa holders, U.S. Customs and Border Protection (CBP) continues to review travel history, past immigration issues, criminal records, and even political activity at the border.
If you are an LPR traveling abroad, it is essential to understand your rights before you return to the U.S.
Returning Resident vs. Arriving Alien
When you present yourself at a port of entry, CBP officers will determine whether you are considered a “returning resident” or an “arriving alien.”
- Returning Resident: Typically processed quickly and admitted back into the U.S.
- Arriving Alien: You may be treated as an “arriving alien” if CBP believes you have:
- Abandoned your LPR status
- Stayed outside the U.S. for more than 180 consecutive days
- Engaged in unlawful activity while abroad
- Left the U.S. during removal or extradition proceedings
- Committed certain crimes (unless waived)
- Attempted to enter without proper inspection
Being categorized as an “arriving alien” can trigger additional questioning or proceedings.
What Happens During Secondary Inspection
If CBP cannot clear you right away, you may be sent to secondary inspection. This process can last anywhere from a few minutes to several hours. During secondary inspection:
- CBP may question you, take fingerprints, and collect biometric data.
- Your phone, laptop, or other devices may be searched, and in some cases, kept temporarily. Always ask for a receipt if your property is taken.
- CBP may hold you if there are questions about your admissibility.
Being referred to secondary inspection does not necessarily mean you did something wrong—but you should still proceed carefully.
Warning: Do Not Sign Form I-407 Without Legal Advice
CBP officers may ask you to sign Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Signing this form means you are giving up your green card—voluntarily.
You should never sign Form I-407 without first speaking to an immigration attorney. Key points to remember:
- Only an immigration judge—not CBP—can take away your LPR status.
- The government must prove abandonment with clear and convincing evidence.
- If you refuse to sign, CBP must issue a Notice to Appear in immigration court.
- If CBP takes your green card, you may request a temporary stamp in your passport as proof of your status.
If You Are Detained – Your Rights
If CBP detains you, whether overnight or longer, you still have important legal protections:
- You have the right to contact your consulate.
- You may request to speak with an attorney (even if CBP does not allow access right away).
- You have the right to remain silent and to not sign any documents without legal advice.
- You may request an interpreter and review all written statements in a language you understand.
- Do not waive your right to a hearing before an immigration judge.
Questions About Politics, Religion, or Activism
CBP officers may ask about your political views, religious beliefs, or participation in protests. You are not required to answer questions about First Amendment–protected activities. You may politely decline to respond.
Before You Travel: When to Consult an Immigration Lawyer
Speak with an immigration attorney before traveling if:
- You have a criminal record, even for minor arrests or old charges.
- You have pending immigration applications or court cases.
- You have a history of immigration violations or past CBP issues.
- You are a conditional permanent resident.
Travel Tips for LPRs
- Carry your lawyer’s contact information and your consulate’s details on paper.
- Let your family know your travel plans and check in when you land.
- If detained, contact an immigration attorney or have someone advocate for you. Carrying a signed Form G-28 (Notice of Representation) from your attorney can sometimes help.
Final Note
If you are a green card holder, you have rights at the border—but enforcing them requires preparation. Do not let CBP pressure you into giving up your lawful status. If you are concerned about travel, contact our office to schedule a consultation with one of our immigration attorneys before your trip.
This post is for general informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult a licensed immigration attorney.
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