In recent weeks, there have been several reports of travelers being questioned, detained, or denied entry into the United States, as the Trump administration continues its fight against illegal immigration.
Those traveling to the U.S. need to know what customs officials can legally do and how to protect themselves.
The issues reported at airports and border checkpoints have largely involved foreign citizens and legal permanent residents of the U.S. Travelers from Germany and the United Kingdom have been detained and placed in detention centers, raising fears that no one is completely immune to abusive treatment upon entering the United States.
"These stories are certainly concerning. I think we are just in a period where more aggressive border policies are being implemented. And I think that requires people to take additional precautions," said Noor Zafar, a senior attorney at the American Civil Liberties Union's Immigrants' Rights Project, to The Washington Post.
He explains what to expect for those wishing to enter the United States.
What Rights Do Those Entering the United States Have
American citizens cannot be denied entry into the country. Legal permanent residents cannot be deported and their visas cannot be revoked without a hearing before a judge.
Foreign citizens and visa holders are at the discretion of Customs and Border Protection officials. They determine their admissibility and can refuse entry.
What Precautions Should Be Taken Before Traveling
Zafar recommends that travelers, especially those without American citizenship, have the phone number of an immigration lawyer or other emergency contact on hand for unwanted situations where they are detained at the border and need legal advice.
Travelers should be cautious about the data on their personal electronic devices. These may be subject to inspection, said Esha Bhandari, deputy director of the ACLU Speech, Privacy, and Technology Project.
What Questions Can Customs Officers Ask
According to the ACLU, American citizens and legal permanent residents only need to answer questions establishing their identity and citizenship or permanent residency.
However, refusal to answer other routine questions may delay entry into the United States.
Non-citizens and visa holders may be denied entry if they refuse to answer officers' questions.
Can an Agent Check Electronic Devices?
Absolutely. All travelers are subject to searches by customs officers, according to the agency's website. Electronic device checks are rare - less than 0.01% of international travelers arriving in the U.S. had their electronic devices checked in 2024, as stated by Customs and Border Protection.
You are not obligated to unlock your devices if an agent asks you to present them, but refusal may affect entry into the U.S. - foreign citizens may be denied entry if they do not cooperate with a check.
American citizens will not be denied entry, but they may be detained, and their devices may be confiscated by authorities.
Customs and Border Protection policy allows officers to retain electronic devices for up to five days and even longer if officials believe circumstances justify it.
In the event of confiscation of an electronic device, the traveler must request a custody receipt from an officer, a document that must be issued and contains instructions for retrieving the item.
What Electronic Checks Involve
There are two types of searches officers conduct on electronic devices: basic and advanced.
Usually, in basic searches, an officer manually examines a device without using external equipment. Anyone can be subject to such routine checks.
In an advanced search, an officer connects external equipment to a device to review, copy, or analyze its content. Officers must have reasonable suspicions of law violation and approval from a superior to conduct an advanced search, according to Customs and Border Protection.
CBP rules for electronic searches state that officers should handle sensitive information, including medical records or work-related information from journalists, "in accordance with any applicable federal law," though this may be unclear in practice, according to the ACLU.
You should inform an officer conducting a search if the device being examined contains legally protected information, Bhandari said.
What to Do If You Are Detained or Denied Entry
It is best for individuals detained by immigration authorities to comply with the officers' instructions, Zafar said.
At the same time, they should try to contact a lawyer as soon as possible.
T.D.