FAQ: traveling to the US right now
Last updated: March 26, 2025
Creating an FAQ about US immigration is no easy task right now. Predictably, the media coverage of recent events at US ports of entry and within the US are confusing and often lack detail and nuance, so it’s very difficult to understand what is evidence of well-known issues that are nothing new (like a band being denied entry to the US when they lack the proper visa, or an individual facing deportation being detained for many hours or longer), from evidence of new and often frightening enforcement (like ICE arrests targeting individuals for their political views or statements).
It is not our place to tell people whether or not they should travel to the US, but we do believe that people traveling to the US deserve the best, most current information available about the real, verifiable risks they are taking when they travel to the US right now. This FAQ aims to outline risks and suggested strategies. It will be updated regularly as events unfold and information becomes available.
Q: I am a foreign national and I have plans to travel temporarily to the US. I am seeing scary news about detentions and deportations, and foreign countries have announced travel warnings about traveling to the US. What are the risks of traveling to the US right now, and what can I do to minimize them?
A: This is a rapidly evolving situation. It remains very hard to tell how much of the media coverage is identifying extreme and harmful policy changes (definitely some of it) and how much is merely bringing attention to routine (but still appalling) US immigration enforcement (probably more of it). We know that many passport control officers are scrutinizing travelers more thoroughly. They are looking more carefully for people planning to misuse their visas, and are being less lenient in “grey area” cases. We can say this with fair confidence: if you are coming to the US and you are planning to comply with US rules and regulations, are prepared to explain your plans, and you have no record of prior immigration or criminal issues, you will probably be fine. On the other hand, traveling to the US right now bears heightened risks for anyone whose circumstances or record or planned activities in the US present any challenge or complexity to their admissibility to the US.
In any case, if you’re entering on a work visa, be ready to clearly and confidently articulate the nature of your work, your role, and the company or project you’re involved with. If you are coming to do work-related activities, but you are not coming on an employment visa, be especially ready to explain why your planned activities are allowed.
(Note: if you are from one of the 40+ countries listed in the media as likely to be impacted by soon-to-be-announced travel bans, please see below.)
Q: I travel on a passport from one of the 40+ countries listed in the media as likely to be impacted by soon-to-be-announced travel bans. I have plans to travel to the US. What are the risks of traveling to the US right now, and what can I do to minimize them?
A: If you are from one of the listed countries and you really need to be in the US, you should travel here as soon as possible because most people believe the bans will be announced any day now, and once they do it may be very hard (or impossible) for you to travel to the US. If you don’t really need to come to the US, then come, but know that if you are in flight when the bans are announced, you could be detained and sent back home upon arrival, which will be a pretty bad and expensive experience. (If you are already in the US, and your passport is from one of the listed countries, know that if you leave the US it may be hard or impossible to return.)
Q: I am a foreign national temporarily in the US in a valid nonimmigrant status but have plans to temporarily leave the US (like to go home for spring break). I am seeing universities recommending their students and faculty not leave the US. What are the risks of leaving the US right now, and what can I do to minimize the risks? What should I expect when I come back, and how can I best be prepared?
A: Again, this situation is evolving rapidly, but even given how arbitrary and probably unlawful immigration enforcement currently seems to be, if you are already in the US you are less likely to have a problem than if you are arriving in the US. This is especially true of individuals with passports from countries that have been identified as likely targets of soon-to-be-announced travel bans, people from Global Majority countries, and people with complex immigration or legal histories. While details are continuing to emerge, travelers entering the US should prepare for the possibility of increased scrutiny, such as being called in to secondary inspection for additional review, and it is possible that Customs and Border Protection (CBP) may review social media and other publicly available media. Electronics and mobile devices may also be subject to search without warrant. Please see this link to an ACLU resource on knowing your rights during enforcement procedures at US ports of entry. All travelers should make sure they have appropriate documentation like passports, visas, and related materials on them rather than stowed in luggage, and some petition-based visa holders may choose to travel with copies of approval notices and proof of US employment.
Q: I am a conditional or lawful permanent resident (“CPR” or “LPR,” collectively permanent residents) with plans of international travel and am concerned about reports that green card holders are being detained or pressured to give up their status at US ports of entry. What are the risks of leaving the US right now, and what can I do to minimize the risks? What should I expect when I come back, and how can I best be prepared?
A: While reports of appalling treatment of green card holders entering the US are circulating, many details remain unverified, and, at this time, there is no indication of any change in policy towards permanent residents at US ports of entry. Overall, permanent residents continue to enter the US without issue unless they meet specific limited exceptions where they can be treated as “applicants for admission” and subject to additional scrutiny. These exceptions include absence for more than 180 days, extensive travel or time outside of the US or other factors that can indicate an abandonment of status, arrests or convictions, pending removal proceedings, extensive travel or time outside of the US, or other factors that may indicate failure to maintain or abandon your status. Please note that permanent residents are required to maintain their status, which includes having their primary residence in the United States, paying federal, state, and local taxes, updating their address within 10 days of moving, and carrying valid proof of status at all times. Further information on maintaining and keeping valid permanent resident status can be found in the Welcome Guide on the USCIS website, specifically in the rights and responsibilities section (pp. 13-24).
Permanent residents who maintain their status and primary residence in the US and do not meet any of the limited exceptions may continue to travel with confidence, making sure their green card is valid, filing I-751/I-829 (CPRs) or I-90 (LPRs) if needed, and be prepared for delays and potential questions about their trip and residency (documentary proof should not be required, but may be carried for additional reassurance depending on your level of comfort). Additionally, CPRs/LPRS with pending cases at USCIS should carry their receipt notices. It is possible that Customs and Border Protection (CBP) may review social media and other publicly available media. Electronics and mobile devices may also be subject to search without warrant. Please see this ACLU resource on knowing your rights during enforcement procedures at US ports of entry.
Importantly, permanent residents who may fall under any of the limited exceptions noted above are encouraged to contact counsel prior to international travel and return to the US for review of their specific circumstance and further guidance.
Q: US immigration enforcement appears to be targeting foreign nationals with a history of activism. Do my past public statements and social media put me at risk, and what can I do to minimize this risk?
A: Some highly publicized detentions and deportations have been linked to the foreign national’s activism and activist presence on social media, but we are not routinely seeing clients denied visas or denied entry to the US at ports of entry based on their social media or other public comments. This could change. Meanwhile, this article from the ACLU is the best published guide we have seen. It is important to understand that Immigration officers at ports of entry may search publicly available information—including your social media and online profiles. In many circumstances they may also confiscate and search your electronic devices. To date, US Customs and Border Protection appears principally to be looking for information regarding your planned activities in the US, but if an officer discovers politically sensitive statements in your devices, it is reasonable to assume this will not improve your chances of being admitted to the US.
Q: I am trans, intersex or nonbinary, and have plans to travel to the US. What can I expect and how should I best prepare?
A: This is an evolving topic that is causing a lot of fear and anxiety (by design, presumably). This much we know: the Department of State has clarified that valid foreign passports with “X” gender markers will be considered valid by US embassies, consulates, and at US ports of entry. However, when completing a visa application or ESTA application, travelers are now required to state their “sex at birth” (whatever that means), so individuals whose passports or visas do not match this stated “sex at birth” may be asked to provide additional documentation, like birth certificates or name change documentation. The ACLU has broadly recommended that travelers carry backup documents like birth certificates and legal proof of name changes be carried as well, and we would add that people traveling with employment-based visas should carry a copy of their I-797 approval notice. It should also be noted that, unfortunately, the rhetoric and actions of the current administration may embolden individual officers to be hostile. Mostly, we encourage trans, intersex, and nonbinary travelers who have any doubts or questions to contact legal counsel to make sure the specifics of your situation are addressed.
Q: In the past, I have been hassled during security screenings at US ports of entry or when boarding a flight to the US (e.g., repeated secondary inspection, delayed or denied boarding/entry). Is there anything I can do to fix inaccuracies or omissions in my travel security profile?
A: You can submit an inquiry to the Department of Homeland Security’s Traveler Redress Inquiry Program (DHS TRIP). When contacting DHS, you should include a clear and concise description of the issue(s) you experienced including dates(s), locations(s), and specific details.
Q: Who should I call if I know someone who is detained at the border by CBP or in the US by ICE?
A: We are working with a number of colleagues across the country in order to compile a comprehensive list of attorneys who focus on removal defense, ICE/CBP detention and arrests, and related issues. If you are a CoveyLaw client (or a family member of a client), please contact your case manager or attorney assigned to your case in order to review the issue and find appropriate representation.
Individuals and their families looking for attorneys to assist with arrests, detentions, and related matters, may want initially to reach out to the National Immigration Law Center. While they do not generally provide direct representation, they may be able to assist with locating counsel.
Q: Does the Executive Order requiring non-citizens to register apply to me?
A: Possibly. However, many people’s immigration process effectively registers them automatically. For example, you will be considered lawfully registered if…
- you are a lawful permanent resident (green card holder),
- you have applied for lawful permanent residence within the US,
- you entered the US on a visitor, student or work visa and have an I-94 record, which is issued upon entry (you can look up your I-94 here),
- you have a Border Crossing Card.
For more information on the registration requirement, see here.