MARCH 23, 2025
Immigration at US Airports
US President Donald Trump’s hardline immigration policies has heightened scrutiny of individuals entering the United States. In recent weeks, immigration authorities have also repeatedly detained US-bound tourists at the border, sparking public and diplomatic outrage abroad and fears among those planning trips to the US, or living in the country on visas.
Here’s a brief overview of your rights as an international traveler. I have valid documents. Can customs officers stop and search me?
Yes. US customs officers have the authority to stop people at entry points to determine their eligibility for entry. They are permitted to search travelers’ belongings for contraband, according to the American Civil Liberties Union (ACLU) of Pennsylvania. However, customs agents are not allowed to search you or conduct another inspection “based on your religion, race, national origin, gender, ethnicity or political beliefs”.
Can immigrration officers search my phone or laptop?
The US government claims it has the authority to inspect electronic devices, including phones and laptops, without specific suspicion, according to The Guardian. That said, this assertion remains “a contested legal issue”, as per the ACLU. 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 if they refuse to provide passwords or refuse 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.
For visa holders entering under the Visa Waiver Program (VWP), refusal to unlock devices could result in denial of entry, according to the ACLU.
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 suggest that travelers, 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 travelers are 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 choosing so at an entry point could jeopardize 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 traveler is cancelled, and they fly back right away.
Courtesy/Source: Times Now / PTI
