Individuals travelling to the United States have been facing heightened scrutiny due to President Donald Trump’s hardline immigration policies. Immigration officers have repeatedly detained US-bound tourists at the border in recent weeks, leading to outrage and fear among those who are planning to travel to the US.
International travellers have been wondering what their rights are if they plan to travel to the US. Many people living in the country on visas are also worried.
Here’s a brief guide to help international travellers:
Can customs officers stop and search you if you have valid documents?
Yes, US customs officers do have the right to stop and search you at entry points in order to determine your eligibility to enter the country. They are authorised to search your belongings for contraband, according to the American Civil Liberties Union (ACLU) of Pennsylvania. However, custom agents cannot search you or conduct another inspection “based on your religion, race, national origin, gender, ethnicity or political beliefs.”
Can immigration officers search your electronic devices?
According to the US government, it has the right to search your electronic devices, including phones and laptops, The Guardian reported. However, according to the ACLU, this assertion remains “a contested legal issue.” Some travellers have reportedly been asked to provide device passwords at US entry points.
{{/usCountry}}According to the US government, it has the right to search your electronic devices, including phones and laptops, The Guardian reported. However, according to the ACLU, this assertion remains “a contested legal issue.” Some travellers have reportedly been asked to provide device passwords at US entry points.
{{/usCountry}}What happens if you refuse to unlock your electronic devices?
If US citizens refuse to provide passwords or refuse to unlock their devices, they cannot be denied entry, but it may lead to delays and further questioning. Officers may even retain the phone or other devices for more inspection. The ACLU says that if visa holders entering under the Visa Waiver Program (VWP) refuse to unlock their devices, they could be denied entry. However, authorities generally cannot revoke the status of permanent residents who have valid green cards without a hearing before an immigration judge.
What to do if you are detained?
Civil rights groups believe it is important for travellers, specifically non-citizens, to carry contact information for an immigration lawyer or an emergency contact. Noor Zafar, senior staff attorney with the ACLU’s Immigrants’ Rights Project, told The Washington Post that if a traveller is detained, they should comply with the directions of immigration officers, and contact a lawyer at the earliest.
Some other right you have as a traveller
The Guardian says people visiting the United States have the right to remain silent. However, entry into the country could get jeopardised if they choose to do so. If a visitor is not allowed to enter the US, they can always “withdraw” their intent to do so and will be allowed to return home. In such cases, their visas could be cancelled, and they would have to fly back immediately.