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Traveling to the U.S. Under Trump: Visas, Border Control and What to Know


At airports and in the borders of land throughout the country, tourists and other visitors Coming to the United States reported having been involved in the “Trump Administration” campaignImproved Vieting. “Legal immigrants, such as green card holders, and naturalized citizens have also been put aside for further questions and research.

This asked questions about the best practices to cross the United States, the rights of travelers on the border and the legality of the research of devices and luggage.

Here are some things to know before visiting or returning to the United States, as a tourist, legal resident or citizen.

According to the American Civil Liberties UnionUS border officials have “broad discretion” to deny entry. This decision can be taken on the basis of the suspicion that the person is entering the country for a purpose other than what their visa or the electronic system for travel authorization (ESTA) says – for example, they have a tourist visa, but it seems that they can plan to work.

“We saw people detained only for saying they are” open to work “on LinkedIn,” he said Michael WildesThe immigration lawyer based in New Jersey who managed the immigration of Melania Trump in the United States. “This serves as proof that they are not just going to Disneyland or a wedding.”

Cheryl David, an immigration lawyer in New York City, stressed that no rule has changed when it comes to entering the United States, but said, now there is a clear “zero tolerance policy”.

This year, Becky Burke’s family said, a 28 -year -old British tourist Was stopped At the US border in the state of Washington while going to a work of work exchange, where he had planned to exchange household chores for free accommodation. While no money changed hands, these agreements could still be seen as a job, which violated the terms of a tourist visa. Mrs. Burke ended for 19 days before being deported to Great Britain.

While holding potential tourists It is rare, deportations due to the incorrect travel documentation is not.

If questions about passenger travel documents arise, borders officials can put them out and present them to an additional screening, at that point it is possible to search for luggage and electronic devices such as laptops and cell phones.

Green card holders and naturalized citizens can also be subject to further screening.

US citizens and legitimate permanent residents cannot be denied entry into the country for refusing to deliver their devices, but such a refusal could still lead to a longer customs process, said the Aclu.

Catherine, 67 years old, a naturalized citizen who moved to the United States 45 years ago, said he had never been selected for further questions when he arrived through immigration, but that since the start of the Trump administration he has been stopped twice for reasons that remain unfreally clear. Catherine asked to be identified only by her second name, due to her fears that her naturalized status could be revoked for talking.

More recently, Catherine was returning from Argentina when she and her husband were stopped in a Dallas airport. The control of the borders has been automated, with passengers scanning passports to overcome Gates, but when the time has come to take a photograph, a large red X has flashed on the screen for Catherine. Her husband spoke to the border officials and the couple in the end passed.

Since borders control is technically outside the United States, travelers with visas or those with Esta have a limited ability to reject the research of their electronic devices, according to the Aclu and, if they do, they risk being denied the entrance.

There are generally two types of research of an electronic device: manual and advanced, said Tom McBrien, a lawyer with the Electronic Privacy Information CenterA non -profit on Internet privacy in Washington. Manual research imply the search for an unlocked phone. The courts generally saw this as equivalent to passing through luggage and allowed manual research to proceed without obtaining a mandate, said McBrien.

Advanced or “forensic” search, provides for the connection of an external device to the phone to scan its content. Some federal districts require a mandate for this, while others don’t, said McBrien.

Mr. McBrien and other privacy experts advise to eliminate anything you wouldn’t want someone to read or see from your device before your arrival.

Mr. McBrien also claimed to recommend his customers to disable the face or characteristics of the Toup ID on their iPhone, so that it takes more than an officer who shakes a phone in front of the face or putting it on to open it. Even better, he said, it is to turn off the phone before going through borders control, because the phones tend to request the complete passcode when it is rekindled.

If you refuse to unlock the phone when requested, the authorities can take it and most likely they will have to get a mandate to open it, he added. However, visitors can be denied entry to the United States for refusing to unlock the phone.

However, Mr. Wildes, the immigration lawyer based in New Jersey, said that the main thing that border patrol agents are looking for consistency.

If a forensic research shows a social media account disabled, officials could ask for it to be reactivated, Wildes said. If an and -mil account has recently been eliminated, it may require access to you.

Social media have become a big problem, he added, for “so many people who do not realize how impossible it can be”.

Mrs. David, the lawyer of immigration, recalled a customer with a visa for students who was denied entry into the United States during the Biden administration because he had photos on his phone posing with the guns, which officials played as a threat to the United States, he said.

The best thing to do, said Wildes, is to be honest and also be aware of the laws.

If you get into trouble on the border, he said, the best move for visitors could be to withdraw your intention to enter the United States. In most cases, you can return to your country of origin.

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