Immigration attorneys across the U.S. are urging visa holders and clients with pending immigration cases to avoid international travel ahead of President-elect Donald Trump's January 20 inauguration. Trump has announced plans to issue over 100 executive orders on his first day in office, with political observers predicting a strong focus on immigration and border security policy changes.
"The concern is that even those with valid documentation could face difficulties re-entering the country if new travel restrictions are implemented," explained Rosanna Berardi, immigration attorney and professor in New York.
Same as other immigration attorneys contacted by The Latin Times, Berardi is urging clients who hold valid U.S. visas or work permits to return to the United States before January 20 and avoid international travel during the early days of Trump's presidency.
Immigration lawyer Alfredo Lozano from San Antonio chimed in saying he would send out notices this week, specifically to clients with temporary and discretionary travel permits such as TPS, DACA, and those adjusting their legal status.
"I will also recommend they not travel internationally for 30 days after inauguration until we know exactly what actions the new administration will take at our ports of entry," he said.
According to Natalia Polukhtin, Vice Chair of the Ethics Committee for the American Immigration Lawyers Association, Customs and Border Patrol (CBP) has wide authority to examine eligibility for entry to the United States and may revoke visas based on suspicion or "any circumstances that may be perceived" as a status violation.
"It is always easier to cancel a visa at the border rather than revoking a status of someone already inside the U.S., especially since visa cancellations cannot be appealed," Polukhtin told The Latin Times. "This cautionary measure aims to prevent valid visa holders from being stranded abroad."
In December, multiple U.S. universities similarly issued guidance urging students on specific visas to return to the country before January 20 in case Trump implements travel restrictions at the start of his term.
"The immigration landscape is likely to change under the new presidential administration," said Cornell University in a statement, adding that students should carry additional documentation of their connection to the school.
Immigration case manager Kris Kaufman advised individuals planning international travel to consult their attorney beforehand and to carry an original copy of their visa approval notice while traveling.
"Requesting a file copy of your case and adequate evidence of your visa qualifications — whether it's an employment-based or family-based visa application — will also be something visa holders will want to ensure from their immigration attorneys as well before making international trips abroad," Kaufman told The Latin Times.
Trump's first-term immigration bans caused the detention of visa and green-card holders returning to the United States after visiting relatives or renewing their visas in targeted countries. Some were sent back to their countries of origin. As his inauguration approaches, legal experts expect a comeback of some first-term bans, as well as stricter policies affecting both legal and illegal immigration.
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