Concerns are growing about travel to the United States and the difficulties arrivals there might face when dealing with border officials. A number of European countries, including the UK, France, Netherlands, Belgium, Denmark and Germany, have issued new advice to their citizens about visiting the US, reminding them that, even if they are in possession of the right documents, such as visas, ESTA permissions, or residential green cards, US immigration officers always have the final say on whether they can enter.
The new advice comes in the wake of President Donald Trump’s tightening of immigration controls, and the detention of several European citizens at the border. People who identify as transgender have also been warned by European ministries that passport and ID documents without a binary Male or Female identifier might be rejected.
With this in mind, it’s worth knowing what to expect at the US border and how to handle being refused entry.
Documentation and questioning at the border
Foreign nationals need to apply in advance for the right documentation. For citizens of over 40 countries who benefit from reciprocal Visa Waiver arrangements, a visit of up to 90 days is allowed if they have successfully applied for Electronic System for Travel Authorization (ESTA) approval. For those not on the Visa Waiver list, a visa is required.
At the border, all would-be visitors’ documents will be inspected and officials are likely to ask a series of questions about the reasons for wanting to enter the US. Such questions include where the visitor intends to go during their stay if they can provide a US address, and whether they intend to work or study. Health is also a factor and anyone suspected of carrying tuberculosis and other infectious diseases may be refused or sent for a secondary health screening.
It’s worth noting that the tenor of these encounters can feel aggressive or unfriendly compared to the tone taken by police and officials in other countries. Even those who already have permission to live and work in the US, such as green card holders, may also find that permission to enter is denied if they are unable to explain the reason for any absence – and not all reasons are considered valid by officials, who retain the last word.
Electronic devices, rights and legal counsel
Visitors may be asked to provide any electronic devices they own and hand over the passwords. In theory, visitors have the right to remain silent when asked questions by US border officials. Doing so however, is likely to result in refused entry.
Noor Zafar, senior staff attorney with the ACLU’s Immigrants’ Rights Project, speaking to the Washington Post, advised that if detained, it’s good practice to comply immediately with immigration officers’ directions and ask for permission to contact a lawyer.
An important point to be aware of is that, technically, visitors are not yet “on US soil” and are still considered “arriving aliens” until they have successfully passed through immigration checks at ports, airports and road crossings. For foreign nationals, this means that constitutional protections, such as the right to legal counsel and representation, are not necessarily valid. Nonetheless, the advice now is to carry the contact details of a legal representative.
