NEW YORK — Since the implementation of Donald Trump’s stricter migration policies, lawyers around the world have been advising travelers: delete content from your phone and laptop that you do not want to show to immigration officials.
For most passengers flying from Europe and Canada, border control at US airports is still hassle-free. However, in recent weeks there have been reports of tightened controls, as well as cases where Europeans and Canadians were not allowed to enter the United States. In some individual cases, they were even taken to a deportation center.
Such was the highly publicized case of Jessica Brösche, a 29-year-old tattoo artist from Germany, who was detained for six weeks and then sent home because they suspected that she was going to work in the US, which was not allowed on her visa.
The world has been quick to react to these drastic changes. A French scientist was denied entry to the U.S. after immigration officials at the airport found critical messages against Donald Trump on his smartphone.
Canadian actress and businesswoman Jasmine Mooney complained that she was detained by the authorities for two weeks.
Arriving recently at New York’s John F. Kennedy Airport (JFK) on a LOT Polish Airlines flight from Warsaw, I decided to pay particular attention to whether the checks were different than on my previous trips to the U.S.
Stick to the rules, line up
At JFK, you traditionally have to wait in line. As before, a separate line was created for American citizens. The second line, winding around the tape posts several times, is for foreigners.
The officers efficiently direct people to the border control windows. Couples or families can approach them together. The atmosphere is friendly yet formal: the people directing the flow of people occasionally smile, but they also have the ability to firmly instruct tricksters to stand exactly where they are told.
“Sir, please stand at window 10!” a young officer says, raising her voice, then nodding in approval.
Please show me that again
The immigration officers from the Department of Homeland Security ask each of the arrivals a few basic questions about the purpose and length of their stay in the U.S. One officer spends a long time grilling a passenger from Ukraine — I can hear him asking for his address in New York and the details of his journey.
“Please show me that again,” he orders the passenger, who pushes a printout through the window.
Some people have to leave fingerprints. Everyone has their photos taken. I read on the informational posters hanging up in the arrival area that Americans can refuse to be photographed and find out what other methods of identification are available. There is no mention of foreigners, which would imply that in their case, taking a photo is mandatory — at least if we want to cross the border.
Photos of Americans are to be deleted from the systems after a maximum of 12 hours, and those of “certain other nationalities” — the announcements do not specify which — can be stored “in secure systems of the Department of Homeland Security” for an indefinite period.
At some point, one of the passengers hands the customs official his phone. It’s probably not for the officer to check, but for the passenger to show him the address of the hotel or some document. It lasts a dozen or so seconds — too short to check anything in this way.
There are dozens of people standing in front of me. I watch as they approach the windows one-by-one. Many get their passports stamped after a minute or two. A few wait longer in front of the official, like that unfortunate Ukrainian, but no one is turned away.
When it’s my turn, the official only asks me how long I’ll be spending in the States and whether I intend to work.
“I’m entering on a journalist visa, I’ll be sending a correspondence,” I explained.
The man doesn’t bother, he just stamps my passport.
“Welcome to the USA, Sir.”
I spent about 40 minutes in total waiting for the security check. It was probably the shortest of all my visits to JFK. When I flew here in October to cover the final stretch of the presidential campaign, I was stuck in the queue for an hour and a half. Honestly, I didn’t notice any deviations from the norm, and no major changes compared to previous checks.
“Open to Work” on Linkedin can get you blocked
The above description is of course anecdotal. At other airports, checks may be stricter or even shorter. In any case, there are certain rules that are worth following to minimize your chances of becoming the unlucky hero of media reports. Some precautions are suggested by immigration lawyers and human rights groups.
The most important thing is not to arouse the suspicions of immigration officials. That is, if you are traveling to the U.S. as a tourist, based on the authorization of the Electronic System for Travel Authorization (ESTA), you should be able to answer a simple question about what you plan to do and see in the U.S. Better to avoid the impression that your trip may actually have a different purpose.
What about criticism of Trump?
“People were stopped just for writing: ‘I’m looking for a job’ on LinkedIn. That serves as proof that they’re not just going to Disneyland or a wedding,” Michael Wildes, a New Jersey immigration lawyer who helped Melania Trump navigate her move to the U.S., told The New York Times.
“We’ve seen people detained just for saying they’re ‘Open to Work’ on LinkedIn,” Michael Wildes, a New Jersey-based lawyer who handled Melania Trump’s immigration to the United States told The New York Times last week. “That serves as proof that they’re not just going to Disneyland or to a wedding.”
But what about criticism of Trump, such as on social media?
“Any traveler entering the U.S. is subject to Custom and Border Protection (CBP) inspection,” CBP Assistant Commissioner Hilton Beckham said in a statement to USA TODAY. “CBP follows strict policies and directives when it comes to searching electronic media. These searches are rare, highly regulated, and have been used in identifying and combating serious crimes, including terrorism, smuggling, human trafficking, and visa fraud. Any claims of politically motivated searches are completely unfounded.”
But recent cases suggest that this is not the case.
Susanne Heubel, an immigration attorney with Harter Secrest & Emery LLP, tolds USA Today that there are other laws that can be applied to deny entry if you show any indication that your conduct could be “contrary to the interests of the United States in terms of security and foreign policy.”
“People who are very loud and open about their opinions here are starting to get in trouble,” she adds.
How often do they search?
If the TSA officers have any doubts, they have the right to additionally screen those entering. And if they don’t, then so be it, because the enhanced checks can be carried out randomly.
They consist of checking baggage to see if prohibited items are being smuggled in, additional questions, and a request to look through electronic devices such as laptops and phones.
An American who refuses to unlock their electronic devices for inspection will still be allowed into the country. They only risk dragging the procedure out further. In the case of a foreigner, however, a refusal may be grounds for refusing entry or detention and deportation.
The checks on phones or laptops can be done manually: officers ask you to enter a password and look through text messages, instant messengers, social media, and browser history. The best way to do it is to connect them to an external device that scans the content, looking for suspicious words or files.
It should be noted that searches are rare. The vast majority of people pass through the checkpoints without such humiliating adventures, as I myself found out at JFK.
One rule: Keep calm
Just in case, immigration lawyers advise deleting any content from your phone or laptop before traveling that you consider private and would not want anyone to view.
If you use Face ID or Touch ID (i.e. unlocking your phone with your face or fingerprint), it is better to change it to PIN authorization. This will give you more control over whether you want to comply with the officers’ requests or stand your ground. In the latter case, you risk being detained and the authorities temporarily confiscating the device.
The officer may also not recognize this statement and detain you anyway
In any case, you should remain calm and treat the officials with respect. Yelling and high emotions will definitely not help. American officers take that behavior particularly badly and — I have seen this many times in the case of the police — have less tolerance for hot-headed people than their European colleagues.
Finally, an important note: if you get into trouble and feel that the conversation with the officer at the border is going in the wrong direction, the best move is to inform him that you are “withdrawing our intention to enter the United States.” In that case, you can usually just return to your home country.
However, the officer may also not recognize this statement and detain you anyway. In such a case, you should contact a lawyer. Activists advise having such a contact with you just in case.
