Non-citizen NY travelers face extra scrutiny at local airports. Here's what to know.

Non-citizen New Yorkers traveling abroad are encountering heightened scrutiny from U.S. Customs and Border Protection agents upon their return — including more extensive questioning, requests to search their phones and electronic devices, and even pressure to abandon entry — according to local immigration lawyers.

Robert Tsigler, an immigration attorney based in New York City, said dozens of his firm’s clients have reported being pulled aside for extra questioning by agents after arriving at local airports. He said some were placed into U.S. Immigration and Customs Enforcement detention.

Benjamin Simpson, another immigration attorney in New York, said he has received dozens of inquiries from clients and potential clients about immigration officials interrogating visa and green-card holders, searching their devices and pressuring them to withdraw their applications to enter the United States.

The additional scrutiny has typically come with little explanation from federal agents and officials about what triggered it, the lawyers said.

“ Under the current administration, we are finding is that they're using whatever tools they have in their arsenal to effectuate deportations,” Tsigler said.

There have been recent viral news reports of visa and green-card holders being detained and deported after being interrogated at international airports, including in Boston and Seattle. While domestic air travelers face scrutiny as well, including security screening and having to establish their identity, it is generally less rigorous than when people travel abroad.

The reports come as President Donald Trump has pledged to carry out the largest deportation campaign in U.S. history. Trump signed an executive order on the first day of his new term directing federal homeland security officials to vet non-citizens “to the maximum degree possible.” He also has revoked temporary immigration approvals for hundreds of thousands of immigrants previously authorized to stay in the United States.

Spokespeople for the U.S. Department of Homeland Security did not respond to requests for comment.

Here’s what immigration attorneys say non-citizens should know before traveling abroad this summer.

Who is being stopped?

Non-citizens with criminal histories are among those facing the most additional scrutiny at airport immigration checkpoints, Tsigler said.

Among them are visa holders and legal permanent residents — but even some citizens and citizens with dual citizenship are getting more looks, according to lawyers and media reports.

Amir Makled, a Michigan-based attorney and U.S. citizen, said he was detained at a Detroit airport last month and pressured to hand over his cellphone by border agents, according to NPR. Makled told the outlet he believed the decision was motivated by his representation of a student charged in connection with a pro-Palestinian protest at the University of Michigan.

After a 90-minute back-and-forth, he showed the agents his contact list and was eventually released, NPR reported. Customs and Border Protection did not respond to a request for comment about why he was detained.

Simpson said he has received several inquiries about immigration officials searching and detaining clients based on photos, videos and other information on their cellphones.

One 21-year-old client was detained for having what his family claims were news videos on his phone about the war in Gaza, according to Simpson. Customs and Border Protection officials claimed the client had photos or videos aligning him with a terrorist organization, Simpson said.

Tsigler said his non-citizen clients who have been detained at airports have included those with criminal histories that under previous administrations would not have been a barrier to their reentry.

What guidance are non-citizen travelers being given?

Sarah Lachman, a New York City-based immigration attorney, said non-citizen travelers with criminal histories should bring a document noting the final disposition of their criminal case. The documentation, she said, may help curtail questioning from immigration officials — and long delays.

Elora Mukherjee, director of Columbia Law School's immigrants' rights clinic, said non-citizens with criminal records should for now forgo international travel. She said she encourages some others to skip travel as well, including citizens of countries that the Trump administration is reportedly considering for a potential travel ban.

Mukherjee also recommended that participants in protests related to Middle East issues should avoid international travel, including those who have posted their views on social media

Any packing advice from the lawyers?

The attorneys said non-citizen travels should consider carrying an alternative, low-tech phone — a burner phone — instead of their usual cellphone.

“ Think about how exposed you are at the border and plan accordingly, so that you're not in a position where you have so much for them to search,” Simpson said. “If they search anything [on a temporary device], they're not gonna be able to use your political views, to which you're entitled, against you."

Simpson said he plans to use an alternative phone when traveling abroad later this year, due to concerns about immigration officials searching his devices for privileged information about his clients.

What rights do non-citizens have to refuse questioning or searches?

Green-card holders who refuse to answer border officials’ questions may be held for secondary screening, Mukherjee said. They may be allowed to enter the U.S., or be held in secondary screening for a long time, she said.

But, she said, their green-card status should not be revoked or terminated at the airport.

The risks are greater for visa holders who refuse to answer questions, Mukherjee added, noting Customs and Border Protection may revoke the person’s visa and refuse them entry into the country.

Any advice on signing documents ?

Immigration attorney Claudia Bernal Perez, who practices in New York City, said one of her clients, a green-card holder from Mexico, was held for questioning and requested to sign a document to relinquish his green card.

Bernal Perez said the client did not sign the document, under her recommendation, and was allowed to enter the country despite being detained for about two hours.

“Do not sign anything that you don't understand, anything that you don't need,” she said. “No. 2, only an immigration judge can take away your green card. The officers at the border,  they can intimidate you all they want, but they don't have that power.”

Can non-citizen travelers do anything to help smooth their journeys?

Lachman recommends that non-citizen immigrants consider applying for Global Entry, a program that expedites immigration processing times.

Applicants pay $120 and undergo a background check, and membership lasts for five years, according to Customs and Border Protection.

Lachman said Global Entry participants generally have less interaction with immigration agents than other members of the public do.