Above the Law: The Travel Trap For Legal Immigrants
Noncitizens should all be wary of international travel. Tahmina Watson, founding attorney of Watson Immigration Law, for Above the Law writes that "we are now witnessing what I call the travel trap — a new reality for legal immigrants, including green card holders. And if you have been following the news, you know that the concern is no longer limited to international travel. Increasingly, legal immigrants are also reportedly being detained during domestic travel."
In June 2026, the Supreme Court in Bondi v. Lau, the Court held, by a 6-3 vote, that the Immigration and Nationality Act does not require Customs and Border Protection (CBP) officers to possess clear and convincing evidence that a lawful permanent resident committed a crime involving moral turpitude before treating that individual as an applicant for admission upon returning to the United States. This means that CBP can physically take the so-called "green card."
Watson identifies this "practical concern": "a returning green card holder may now face greater scrutiny before CBP determines whether they should be admitted as a lawful permanent resident. Depending on the circumstances, a pending criminal charge or even allegations requiring further legal analysis, may be sufficient for CBP to treat the individual as an applicant for admission rather than simply recognizing them as a returning resident."
