Should Angelenos with Green Cards or Work Permits Be Concerned About Traveling to Tijuana?
For many residents of Los Angeles, a quick trip to Tijuana is a common getaway, whether for family visits, medical procedures, or weekend leisure. However, recent developments in U.S. immigration enforcement have raised concerns for Angelenos who hold green cards or work permits.
Changes in border policies have led to heightened scrutiny of lawful permanent residents (LPRs) and work visa holders at U.S. ports of entry. Reports of green card holders being detained, questioned for extended periods, or even pressured into relinquishing their legal status have emerged. The question arises: should Angelenos with legal immigration status be worried about crossing the border into Mexico?
Rising Concerns at the Border
Recent cases highlight the unpredictability some green card holders face when returning to the U.S. For example, some lawful permanent residents have been detained for hours, forced to justify their prolonged stays outside the country, or subjected to extensive searches of their electronic devices.
While these incidents can happen at any U.S. border, the San Ysidro Port of Entry—the busiest land border crossing in the world, located between Tijuana and San Diego—is of particular concern for Angelenos who frequently travel between California and Mexico.
A well-documented case involves Fabian Schmidt, a green card holder from New Hampshire who was allegedly detained and interrogated at Logan Airport after returning from Luxembourg. His case sparked alarm among immigration attorneys, who argue that some green card holders are being unfairly targeted for extensive questioning and possible revocation of their status.
In another case, Columbia University student Mahmoud Khalil, a green card holder, was detained by U.S. Immigration and Customs Enforcement (ICE) after participating in pro-Palestinian protests. His detention raised further concerns about whether green card holders could face increased scrutiny based on political affiliations or travel history.
For green card holders living in California, particularly in the Los Angeles area, travel to Tijuana may seem like a simple, routine trip. However, experts warn that certain situations could lead to complications at the border:
- Extended Time Spent Outside the U.S.
- U.S. law states that if a green card holder spends more than 180 days outside the country, they may be considered as “applying for admission” upon their return. This can lead to extensive questioning, and in some cases, authorities may demand proof of continued ties to the U.S. (such as employment, homeownership, or tax payments).
- If a green card holder spends more than a year outside the U.S. without a re-entry permit, their status may be considered abandoned, making it difficult or impossible to return.
- Pressure to “Voluntarily” Relinquish Legal Status
- Immigration attorneys warn that some green card holders are being pressured at border crossings to “voluntarily” give up their LPR status. This tactic involves prolonged questioning and detainment, leading exhausted travelers to sign forms they do not fully understand.
- Experts strongly advise against signing any documents without consulting an immigration attorney. LPR status can only be revoked by an immigration judge.
- Criminal History or Pending Charges
- Any past criminal convictions—even minor ones—can lead to complications at the border. U.S. Customs and Border Protection (CBP) has broad authority to determine admissibility and may detain green card holders for additional questioning.
- Individuals with prior arrests, even if charges were dismissed, should consult an attorney before traveling.
- Electronic Device Searches
- U.S. border agents have the legal right to search phones, laptops, and other devices without a warrant. Any materials that could be interpreted as supporting extremist ideologies or political movements could lead to further questioning or denial of entry.
Those with work visas, such as H-1B or TN visas, must be particularly cautious when traveling outside the U.S. While these visas allow individuals to live and work in the U.S. legally, they do not guarantee re-entry. Border officers have the discretion to deny entry if they suspect fraud, prolonged absence, or other violations.
Immigration attorneys recommend that work permit holders always carry up-to-date employment verification letters and other supporting documents when traveling internationally.
If you are a green card holder or work permit holder detained at a border crossing, follow these steps to protect your rights:
- Remain Calm and Cooperative
- Avoid confrontation or argument with CBP officers, as this can escalate the situation.
- Do Not Sign Anything Without Legal Advice
- If pressured to relinquish your green card, refuse to sign any documents and request legal counsel.
- Request to Speak with an Attorney
- You have the right to consult an immigration attorney before making any statements.
- Document the Incident
- If possible, take notes on the questions asked, officers involved, and any statements made to you.
- Contact an Immigration Lawyer Immediately
- If you are detained for an extended period or believe your rights are being violated, reach out to an immigration attorney.
While thousands of green card holders and work permit holders cross the U.S.-Mexico border without incident, recent enforcement patterns suggest that some individuals may face increased scrutiny. Those who frequently travel to Tijuana should take precautions, ensure they have all necessary documentation, and be prepared for the possibility of questioning.
Immigration attorneys emphasize that the best defense against unexpected detainment is knowledge and preparation. By understanding the risks and knowing their rights, green card holders and work permit holders can travel with greater confidence.
If you are unsure about your status or have concerns about a past criminal record, prolonged stays outside the U.S., or any other immigration-related issues, consulting an attorney before traveling is strongly advised.
With immigration policies constantly evolving, Angelenos considering travel to Tijuana should stay informed and prepared to navigate potential border challenges.
