A Growing Trend of Secondary Inspections and Pressure to Surrender Green Cards

Indian green card holders are increasingly subjected to heightened scrutiny, secondary inspections, and even overnight detentions by U.S. Customs and Border Protection (CBP) officers at American airports. Immigration attorneys have reported a troubling trend where CBP officials, particularly under the Trump administration's renewed immigration enforcement priorities, are pressuring elderly Indians who spend extended periods outside the U.S. to voluntarily surrender their lawful permanent resident (LPR) status by signing Form I-407.

Under the U.S. Immigration and Nationality Act (INA), green card holders who remain outside the U.S. for more than 180 days at a time are deemed to be seeking re-admission, making them subject to an admissibility review at the border. While the standard for determining green card abandonment is generally an absence exceeding one year, recent incidents suggest CBP is scrutinizing even shorter absences and aggressively challenging the continued residency status of green card holders.

Understanding Form I-407 and Green Card Abandonment

Form I-407, Record of Abandonment of Lawful Permanent Resident Status, is a document that CBP officers may ask travelers to sign when questioning their intent to maintain residency in the U.S. However, legal experts stress that a green card cannot be revoked at the airport unless the individual voluntarily signs this form. Those who refuse to sign have the right to challenge any allegations of abandonment in immigration court.

Unfortunately, many green card holders—especially elderly individuals with limited English proficiency—may feel intimidated, confused, or coerced into signing the form without fully understanding the consequences. CBP officers have reportedly used threats of detention or removal to compel travelers into relinquishing their LPR status.

What Green Card Holders Should Do at the Border

To avoid complications during re-entry, green card holders should be aware of their rights and prepared to demonstrate their continued residency in the U.S. through supporting documents. Key recommendations include:

• Do not sign Form I-407 under pressure. Only an immigration judge can revoke a green card, not a CBP officer. Signing this form means giving up LPR status voluntarily.

• Carry evidence of U.S. residency, including homeownership or lease agreements, U.S. tax returns, employment records, utility bills, and other documentation showing active ties to the U.S.

• Apply for a re-entry permit (Form I-131) if planning extended travel. A re-entry permit allows green card holders to stay outside the U.S. for up to two years without jeopardizing their LPR status.

• Seek legal representation if detained. If placed in secondary inspection, remain firm in asserting the right to an immigration hearing rather than signing away LPR status.

Increased Border Scrutiny Under Trump's Immigration Crackdown

The Trump administration has emboldened immigration enforcement officials, leading to more aggressive actions at the border. Reports indicate that during the previous Trump presidency, CBP agents even distributed Form I-407 on flights, attempting to persuade green card holders to surrender their status before landing in the U.S.

Now, with a renewed focus on immigration restrictions, lawful permanent residents—particularly those with frequent or prolonged travel histories—must be vigilant in protecting their rights. Green card holders who face intimidation tactics at ports of entry should document the interaction, request legal counsel, and refuse to sign any documents under duress.

Final Thoughts

A green card does not grant an indefinite right to reside outside the U.S. Maintaining lawful permanent resident status requires demonstrating a permanent home in the country. However, CBP officers do not have the unilateral authority to strip green card holders of their residency without due process.

If you or a loved one has been subjected to increased scrutiny at the border or pressured to relinquish a green card, Saluja Law is here to help. Contact us for legal guidance on protecting your rights and maintaining your lawful status in the U.S.