Immigrant Defense Project (IDP)

@immdefenseproject.bsky.social

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Working to secure fairness and justice for immigrants. đź”— immigrantdefenseproject.org

How would border officers know about an open case? When returning from international travel, open cases will show up in the border officer’s system. Border officers may also ask questions about any suspected criminal activity. Anything you say about a prior or open criminal case to an officer can be used to determine whether there are grounds to place you in deportation proceedings. What should I do if I plan to fly internationally? Green card holders with open criminal cases should consider consulting an immigration attorney before traveling internationally to understand their risk.
Who is impacted by this decision? Green card holders with any past criminal convictions may face risk upon return from international travel of detention, deportation, and loss of their green card. The Court’s decision makes clear that now green card holders with open criminal cases likewise face a risk. It is important to note that green card holders cannot be deported without having their case heard before an immigration judge.
Can't green card holders travel freely? Generally, green card holders are free to travel internationally and have important protections when they return to the United States. However, there are exceptions. Certain convictions can put green card holders at risk of detention and deportation if they leave the country and return – even if those convictions would not put them at risk if they remained in the United States. In those cases, border officers may treat green card holders as though they are “seeking admission,” meaning, as though they are requesting permission to enter for the first time, stripping them of the protections of a green card holder.
What did the Supreme Court decide? The Court decided that, in some situations, border officers can treat green card holders returning from travel abroad as though they are seeking admission to the United States based simply on an open criminal case, taking away some of the protections of green card holders.
Green Card Holders and Risks of Traveling After Recent Supreme Court Decision: The Supreme Court’s decision in Blanche v. Lau creates new risks for green card holders returning to the United States from international travel if they have certain open criminal charges. What to know