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Planning a trip to US? Know your rights at airports and border crossings
If you’re worried about encountering issues at the border, here’s a brief overview of your rights as an international traveller.
Since taking office, US President Donald Trump has implemented strict immigration policies. Recent reports suggested that immigration officials have heightened their scrutiny of individuals entering the United States. If you’re worried about encountering issues at the border, here’s a brief overview of your rights as an international traveller.
Can customs officers stop and search me even if my documents are valid?
Yes, US customs officers have the authority to stop individuals at entry points to determine their eligibility for entry. They are legally permitted to inspect belongings for prohibited items, as per the American Civil Liberties Union (ACLU) of Pennsylvania.
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However, customs agents are prohibited from targeting individuals based on religion, race, nationality, gender, ethnicity, or political views.
Can my phone or laptop be subject to searches?
The US government claims it has the authority to inspect electronic devices, including phones and laptops, without specific suspicion, reports The Guardian.
However, the ACLU notes this remains a legally contested matter. Travellers have sometimes been asked to provide device passwords at US entry points.
What if I refuse to unlock my phone or other devices?
US citizens cannot be denied entry for refusing to unlock their devices. However, any refusal from their part may lead to delays and further questioning or officers retaining the device for additional inspection.
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For visa holders or those entering under the Visa Waiver Program (VWP), refusal to unlock devices could result in denial of entry, according to the ACLU.
Those permanent residents holding valid green cards generally cannot have their status revoked without a hearing before an immigration judge.
What should I do if I am detained?
Civil rights groups recommend that travellers, particularly non-citizens, 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 any travel is detained, it’s advisable to comply with immigration officers’ directions and get in touch with a lawyer immediately.
What rights do travellers have?
According to The Guardian, visitors to the US do have the right to remain silent, but doing so at an entry point could jeopardise their entry into the country.
If visitors are not allowed to enter the US, they can “withdraw” their intent to do so and be permitted to return home. Mostly, in such cases, the visa of the traveller is cancelled, and they fly back right away.
