US immigration authorities increasingly detaining green card holders at airports

US border officials target senior green card holders

Immigration attorneys have reported a sharp increase in the number of green card holders—including Indian nationals—being subjected to secondary inspections, overnight detentions, and pressure to surrender their residency at US airports by Customs and Border Protection (CBP) officers.

Many of those targeted are elderly Indian immigrants who live in the US with their children but spend extended periods in India, especially during winter. Legal experts strongly advise against voluntarily surrendering a green card, emphasizing that only an immigration judge has the authority to revoke it.

Green Card holders face increased scrutiny at ports of entry

Under the Immigration and Nationality Act (INA), a lawful permanent resident (LPR) who has been outside the US for more than 180 days is treated as seeking re-admission and may be subject to inadmissibility grounds.

Typically, green card abandonment issues arise when an individual has been outside the US for more than a year. However, immigration attorneys say that even shorter absences are now triggering heightened scrutiny.

Pressure to surrender green cards

Ashwin Sharma, a Florida-based immigration attorney, shared that CBP has targeted elderly Indian green card holders, especially grandparents who spend extended time abroad.

“CBP officers are pressuring them into signing Form I-407, which voluntarily surrenders their lawful permanent resident status. When individuals resist, they are threatened with detention or deportation. Many officers have been emboldened to act as judge, jury, and executioner,” Sharma explained.

Kripa Upadhyay, a Seattle-based immigration attorney, stressed that border officials cannot revoke a green card unless the individual voluntarily signs Form I-407.

“Even if someone has been outside the US for over 365 days, CBP officers cannot revoke a green card at the airport. Green card holders have the right to challenge abandonment claims in immigration court—but they lose this right if they voluntarily sign the form at the airport,” Upadhyay warned.

Elderly green card holders at higher risk

Snehal Batra, managing attorney at NPZ Law Group, pointed out that language barriers, fear, and confusion often cause elderly green card holders to unintentionally surrender their status.

“Only an immigration judge can revoke a green card. Many elderly immigrants do not realize this and sign the form out of fear. Maintaining documentation—such as property ownership records, tax filings, and employment records—can help prove ongoing US residency and prevent CBP from assuming abandonment,” Batra advised.

Batra recounted a case where a long-term green card holder faced secondary inspection because his travel history showed frequent, prolonged stays in India. Despite never exceeding the 180-day absence limit, CBP warned him to surrender his green card if he was not residing in the US permanently.

Green card misconceptions: Short visits do not ensure permanent residency

Immigration attorney Rajiv S. Khanna warned that occasional visits to the US do not fulfill residency requirements.

“Some green card holders believe that visiting the US every few months is enough to maintain their status. That is legally incorrect. A green card holder must establish and maintain a permanent home in the US, anything less can lead to abandonment claims and the risk of losing their status.”

Jesse Bless, another immigration attorney, added: “Those who stay outside the US for over one year without a re-entry permit are receiving notices to appear in removal proceedings.”

The case of Fabian Schmidt: Green card holder detained at Boston airport

The recent detention of Fabian Schmidt, a 34-year-old German national and lawful green card holder, has intensified concerns about increased CBP enforcement against legal residents.

Arrest and detention without explanation

On March 7, Schmidt was detained by immigration officials at Boston Logan Airport upon returning from Luxembourg. According to Newsweek, he was:

• Allegedly arrested, strip-searched, and violently interrogated
• Transferred to the Donald W. Wyatt Detention Facility in Rhode Island
• Given no explanation for his detention, despite holding a valid, recently renewed green card

His partner had arrived at the airport to pick him up but waited for four hours before realizing something was wrong.

His mother, Astrid Senior, described his ordeal as humiliating and abusive:

“He was violently interrogated, forcibly stripped, and subjected to a cold shower. He was denied water and collapsed due to exhaustion. They simply told us his green card was flagged, but they won’t explain why.”

According to Newsweek, Schmidt legally reissued his green card in 2023 after reporting his previous one lost. However, upon his return, CBP flagged his documents, leading to his detention.

CBP denies allegations, suggests drug-related charges

CBP Assistant Commissioner Hilton Beckham dismissed the allegations as “blatantly false“, adding:

“When an individual has drug-related charges and attempts to re-enter the US, officers take proper action. If any statutes or visa terms are violated, travelers may be subject to detention or removal.”

Due to federal privacy laws, CBP did not disclose further details about Schmidt’s case.

Political and legal concerns over immigration crackdowns

Schmidt’s detention has sparked outrage over immigration policies and potential misuse of enforcement authority.

While Trump’s campaign emphasized targeting undocumented immigrants with criminal records, recent cases suggest that even green card holders with no serious offenses are facing scrutiny.

Final advice: Protect your green card status

Immigration attorneys strongly urge green card holders to take the following steps to protect their residency:

• Never sign Form I-407 voluntarily
• Be prepared for extended questioning at the airport
• Carry documentation proving permanent residence in the US (e.g., property ownership, tax records)
• Seek legal assistance immediately if detained

With immigration enforcement intensifying, green card holders must remain vigilant, informed, and prepared when traveling.

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