The United States is not properly following national laws already on the books as it pertains to green card holders, international students and those with H-1B visas, according to multiple immigration attorneys who spoke with Newsweek.
The Trump administration, following the directive of a president who made immigration arguably his biggest issue on the campaign trail, is overhauling border protocols and has heightened security to prevent an overflow of illegal migrants that became customary throughout most of President Joe Biden‘s term.
Why It Matters
Trump’s concerns during his campaign cycle were mostly relegated to preventing illegal immigrants with criminal histories or backgrounds from coming and staying in the U.S. and potentially committing or contributing towards crime or violence.
But recent cases have shone a light on how the administration is approaching traditional access for immigrants, notably green cards and their holders (also known as lawful permanent residents, or LPRs), who generally secure a legal immigration status barring histories of fraud, criminality or other illegal acts. Some have alleged to have been targeted by Immigrations and Customs Enforcement (ICE).
New measures have reportedly led to more disorder for some at security checks and points of entry, as well as for lawful permanent residents returning to the U.S. from abroad.
Green cards tend to be reviewed by immigration authorities if holders typically spend more than 365 days outside of the U.S. Attorneys discourage holders from voluntarily surrendering their cards if questioned.
“The Trump administration is enforcing immigration laws—something the previous administration failed to do,” Assistant Secretary Tricia McLaughlin of the Department of Homeland Security told Newsweek. “Those who violate these laws will be processed, detained, and removed as required.”
Federal privacy restrictions prohibit discussion of specific cases. All persons arriving at a port of entry to the U.S. are subject to inspection on a case-by-case basis.
What To Know
A recent case that has drawn widespread attention involves Fabian Schmidt, a U.S. green card holder from New Hampshire who was purportedly stripped naked and “violently interrogated” at Logan Airport after returning from Luxembourg last week, according to Boston public radio station WGBH.
“These claims [regarding Schmidt] are blatantly false with respect to CBP,” Hilton Beckham, assistant commissioner of public affairs at CBP, told Newsweek. When an individual is found with drug-related charges and tries to reenter the country, officers will take proper action.”
Schmidt has reportedly held a green card since 2008, one year after moving to the U.S., according to his family. The card was apparently flagged once he reentered the country.
“The revocation of green cards and arrest and detention of individuals in the U.S. without giving them an opportunity to prove their lawful status is a violation of due process,” Seattle-based immigration attorney Kripa Upadhyay told Newsweek.
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She said that cardholders are arriving at U.S. ports of entry, including airports and border crossings, and not being provided such rights. She alluded to reports of returning green card holders who have been tricked or pressured into “voluntarily” abandoning their status.
U.S. law states that green card holders/LPRs outside of the country for more than 180 days consecutively are considered to be applying for admission—at which point a border officer has the right to question individuals regarding that long absence, in addition to demanding proof of continuing ties to the U.S.
The burden of proof then goes on an applicant or LPR, shown through items like tax payments, proof of bank accounts, home ownership or a job in the U.S.
“What the border officers cannot do is then put these individuals in a position where they are so tired of being held in custody for 8-10 hours (often after long haul flights of 16 hours or so) and tell them they can voluntarily choose to relinquish their Lawful Permanent Resident status,” Upadhyay added.
“A LPR’s status can only be revoked by an immigration judge, unless the individual voluntarily relinquishes it. What is happening at the airports/land borders is not voluntary. It is coercion, as was the case of [Schmidt].”
New York City-based immigration attorney Naresh Gehi agrees, saying that the Trump administration is “abusing the law” by not providing cardholders without criminal records with proper issuance of notice to appear before a judge as outlined in the Immigration and Nationality Act.
“The judge has the authority to decide whether the person is eligible to live or should be ordered removed/deported from the U.S.,” Gehi told Newsweek. “The administration is taking the law in their own hands with blatant disregard to the judiciary of the nation.”
He said he’s personally seen clients who have been fearful of traveling due to these recent cases, adding that many Indians who maintain their green cards but spend most of their time in their native countries are being questioned more than before.
Buffalo-based attorney Rosanna Berardi told Newsweek that CBP “maintains significant legal authority to determine admissibility.” Per the Immigration and Nationality Act, the applicant’s burden of proof is usually on the government.
CBP officers determine the admissibility of foreign nationals using longstanding U.S. immigration law under INA, which lists more than 60 grounds of inadmissibility divided into several categories.
Nationwide, CBP processes more than 1 million travelers daily who arrive in the U.S. by air, land and sea.
While the Trump administration has “certainly intensified scrutiny” at points of entry, Berardi said the underlying legal framework has remained consistent for decades.
“Border officials have long possessed the authority to conduct comprehensive inspections, including searches of electronic devices,” she said. “The recent case involving the Brown University professor denied entry after officials discovered funeral photos of a Hezbollah leader on her phone exemplifies how these inspections can affect admissibility determinations.”
That’s a reference to the deportation of Rasha Alawieh, a doctor who was about to start work at Brown University as an assistant professor of medicine but was deported last weekend, according to the Associated Press. She had a visa but “openly admitted” to supporting a Hezbollah leader and attending his funeral.
“Foreign nationals who promote extremist ideologies or carry terrorist propaganda are inadmissible to the U.S., plain and simple,” Beckham said. “A visa does not guarantee entry; CBP has the final authority after conducting rigorous security checks.
“Officers act swiftly to deny entry to those who glorify terrorist organizations, advocate violence, or openly support terrorist leaders and commemorate their deaths. Anyone found with extremist materials linked to a U.S.-designated terrorist group will be removed.”
An even bigger case involves ICE detaining Columbia University student Mahmoud Khalil, a green card holder who helped lead pro-Palestinian protests at the college amid the Israel-Gaza war.
Regarding Schmidt’s case, Berardi said such decisions typically stem from specific factors such as criminal history (domestic or foreign), past immigration violations, or misrepresentations on previous applications—information that isn’t always publicly disclosed but significantly influences CBP’s decision-making process.
Asked if self-deportation could be a legal workaround for individuals afraid of being questioned or losing their status, the attorneys had different perspectives.
“I strongly advise against individuals taking such action without professional legal consultation,” said Berardi. “Departing the U.S. without understanding the full legal implications can trigger lengthy bars to reentry and seriously complicate future immigration applications.
“Each situation requires individual assessment by qualified immigration counsel to ensure compliance with legal requirements and preserve eligibility for future immigration benefits.”
Upadhyay mentioned how professionals in the U.S. working in fields like AI and machine learning are choosing to leave and explore opportunities outside the U.S. rather than go through the rigor and uncertainty of the domestic immigration process where status could ultimately be rejected.
“I know of a case of an Indian national executive who was entering on a B-1: Temporary visitor for business for a round of business meetings,” she said. “He was on his fourth trip to the U.S. within the last year and was accused of having the intention to work illegally and was returned from the airport.”
Self-deporting should be inquired, though it’s not being asked about enough.
“It is not connected to criminal activity on their parts; rather, to the fear of being without status because of excessive delays in immigration processing,” Upadhyay added. “Particularly for children who are now approaching 21 and can no longer remain a dependent on a parent’s application.”
What People Are Saying
Tom Homan, Trump’s White House executive associate director of enforcement and removal operations, said at a press conference in Albany, New York, on March 12: “I work for a president who wants to save lives…and make this country safe again. You want to hate on me? Hate on me, because I eat it up.”
Update 3/20/25, 4:08 p.m. ET: This article was updated with comment from the Department of Homeland Security and additional information.