Immigration attorneys are raising alarms over a surge in cases where green card holders, particularly elderly Indians, are being subjected to secondary inspections, overnight detention, and pressure to surrender their legal status at US airports. The scrutiny, conducted by US Customs and Border Protection (CBP) officers, is reportedly targeting individuals who spend extended periods outside the country, especially those who winter in India, a report said.
A report by TOI quotes Florida-based immigration attorney Ashwin Sharma as saying that CBP officers have specifically targeted elderly Indian green card holders, "particularly grandparents who happen to have spent a bit longer outside the US," coercing them into signing Form I-407 to 'voluntarily' surrender their lawful permanent resident status. "And the moment they have tried to push back, they have been met with threats of detention or 'removal' by the CBP officers who have been emboldened by Trump to see themselves as judge, jury, and executioner," Sharma added.

'Do Not Surrender Your Green Cards'

Seattle-based immigration attorney Kripa Upadhyay stated that green card holders should never surrender their cards under pressure. "Generally, an individual's green card cannot be revoked by the border unless the person 'voluntarily' surrenders (by signing Form I-407). If a green card holder has spent more than 365 days out of the US, they are deemed to have 'abandoned' their residence. Even if this is the allegation, the green card holder has the right to challenge this in court, but they lose this right if they 'voluntarily' surrender at the airport!"
Immigration experts caution that lawful permanent residents (LPRs) who spend more than 180 days outside the US are considered to be seeking 're-admission' under the Immigration and Nationality Act (INA). While green card abandonment is typically presumed when an individual has been outside the US for more than a year, even shorter absences are now drawing increased scrutiny.
Snehal Batra, managing attorney at NPZ Law Group, warned that many elderly green card holders, particularly those with limited English proficiency, may not fully understand the consequences of signing Form I-407. "Only an immigration judge can take away a green card, so individuals should not sign this form. Unfortunately, people do not realise this because they are afraid, confused, or do not understand what they are signing due to language barriers." She advised that individuals can overcome the presumption of abandonment with documentation such as property ownership records, tax returns, and employment history.
Batra also recounted a case where a lawful permanent resident who had lived in the US for over six years but spent significant time in India was placed in secondary inspection. Although he never exceeded six months per trip outside the US, CBP officers scrutinised his travel history and warned him to surrender his green card if he was not living in the US permanently. "He was lucky this time and was admitted into the country but warned by CBP to give up his green card if he was not living in the US permanently," she was quoted by TOI as saying..
Arlington-based immigration attorney Rajiv S. Khanna echoed similar concerns. "One of the common scenarios that I have provided consultations on is when green card holders are not living in the US. They may visit every few months and consider that to be sufficient. That is legally incorrect. Maintaining a green card requires establishing and maintaining a permanent home in the US. Anything short of that can be grounds for ‘lifting the green card’ for abandonment."
Greg Siskin, co-founder of Siskin Susser, recalled aggressive enforcement tactics under the previous Trump administration, where "sky marshals were passing forms out on planes asking people to surrender their green cards and people were calling and texting from the planes asking what to do". He said that individuals should never surrender their green cards under pressure. "People need to not surrender their cards. But they must be prepared to sit for a while in secondary inspection. It is possible a CBP officer could even detain a person overnight. But a person is entitled to a hearing in front of a judge, and most judges are not going to be happy about these cases going in front of them, so I suspect CBP will cave in if a person is adamant about not surrendering."