Heightened Scrutiny at U.S. Ports of Entry

As originally noted in our February 20, 2025 Travel Advisory, President Trump issued several executive orders pertaining to immigration and national security on January 20, 2025. Pursuant to the executive order “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”, border officers have been empowered to “vet and screen to the maximum degree possible all aliens who intend to be admitted [or] enter… the United States.” This executive order has resulted in heightened scrutiny for all international travelers to the United States, including individuals with valid nonimmigrant visas, lawful permanent residents, and even naturalized U.S. citizens.

Possible Targets of Heightened Vetting and Screening

The following are common reasons that foreign travelers are flagged for additional questioning at U.S. Ports of Entry:

• Past arrests or criminal records (including expunged or dismissed cases);
  
• Perceived visa or green card violations;
  
• Past misrepresentations on applications for immigration benefits;
  
• Suspicion of unauthorized U.S. employment;
  
• Travel history to certain countries that the United States considers a national security risk;
  
• Prior visa denials;
  
• Public involvement in issues opposed by the administration; and
  
• Inconsistencies between information provided in U.S. immigration filings and social media content.

Individuals with any of the above issues may wish to reconsider international travel at this time.

General Entry Tips

Individuals who cannot avoid international travel are advised to re-enter the United States during business hours on weekdays. CBP officers may wish to confirm your employment details, and arriving during business hours on a weekday will allow CBP officers to more easily contact the appropriate company representative. Be sure to inform you employer’s HR or immigration contact of your travel plans so that they can also be ready to speak with CBP staff, if needed. Travel with copies of your visa paperwork including I-797 Approval Notices and copy of your petition filing that was provided to you by a member of our team. Also remember to travel with your HR or immigration contact’s phone number so that you can provide it to the CBP officer if asked.

We also recommend memorizing the phone number of an emergency contact person that CBP can contact. If you are taken into secondary screening, remember not to sign any documents without legal counsel, remain calm, and document officer names and badge numbers. If it appears that you will be detained, remember that you have the right to withdraw your request for admission and offer to pay for your flight out of the United States rather than face expedited removal (and a possible five-year bar from returning to the United States).

If you have any questions about the topics above, please reach out to your McCown & Evans attorney for more information.