With increasing news reports of travelers being denied entry, understanding what might prompt extra scrutiny is key. Here’s what to know.
At airports and land borders across the country, tourists and other visitors coming to the United States have reported being caught up in the Trump administration’s campaign of “enhanced vetting.” Even legal immigrants, like green card holders, and naturalized citizens have been pulled aside for additional questioning and searches.
This has prompted questions about best practices for crossing into the United States, travelers’ rights at the border, and the legality of device and luggage searches.
Here are some things to know before you visit or return to the United States, as a tourist, legal resident or citizen.
Are you a visitor with a visa or ESTA? It should align with your travel plans.
According to the American Civil Liberties Union, U.S. border officials have “wide-ranging discretion” to deny entry. That decision can be made based on suspicion that the person is entering the country for a purpose other than what their visa or Electronic System for Travel Authorization (ESTA) says — for example, they have a tourist visa, but it seems like they may be planning to work.
“We’ve seen people detained just for saying they’re ‘Open to Work’ on LinkedIn,” said Michael Wildes, the New Jersey-based immigration lawyer who handled Melania Trump’s immigration to the United States. “That serves as proof that they’re not just going to Disneyland or to a wedding.”
Cheryl David, an immigration lawyer in New York City, stressed that no rules have changed when it comes to entering the United States, but she said, there is now a clear “zero tolerance policy.”