Travel warning for popular tourist country as Aussies 'targeted'
Prominent immigration lawyer Melissa Vincenty told Yahoo News Aussie backpackers will face higher scrutiny visiting the USA following an executive order by President Donald Trump, which directed federal agencies to implement enhanced vetting and screening for all foreign nationals entering the country.
Swathes of travellers have considered cancelling their trips, following reports that Australian nationals and other foreign tourists are being detained and deported at the border. Last week, two German backpackers said they were strip-searched and thrown in prison when they arrived in Honolulu, in Hawaii, before being deported.
"Young Australians have to be more careful," Vincenty told Yahoo News, believing that border authorities "have a feeling" that some Aussies may be "tempted to work" without proper authorisation.
Aussies who intend on engaging in unpaid arrangements like housesitting, pet sitting or even au pairing are being especially urged to ensure they have the right authorisation to do so. She said that pet sitting and house sitting arrangements are "notorious" for resulting in refusals.
Vincenty's advice for anyone thinking about entering into such an arrangement it is simply "don't do it".
"The strict interpretation is that it's not permitted," she said. "If someone normally would be paid for that work, like pet sitting, babysitting, that is considered work. Even if it's in exchange for room and board or meals."
Madolline Gourley, from Brisbane, was one such Aussie refused entry to the country after it was suspected she was going to engage in "work". The prolific cat sitter told Yahoo she had visited the US up to nine times over five years to look after people's pets in exchange for accommodation.
However all that changed in 2022, when she was turned away at the border while she was transiting through the US on her way to a pet sitting posting in Canada.
She did not have a work visa to carry out the unpaid arrangement because she "didn't know" she needed it, opting only for an ESTA – an electronic visa waiver program – to transit through America.
"It was a bit scary," she told Yahoo of the ordeal, which saw her held for three hours by immigration.
Unaware that an unpaid pet sitting arrangement could be constituted as work in the US, Madolline was sure that immigration officials would "eventually come around".
"I wasn't getting paid, so it couldn't possibly be work," she said. But they never did. Her ESTA was cancelled and she was sent back to Australia. "I was refused entry to the USA because I didn't have a work visa."
She believes that businesses that connect pet sitters and house sitters don't always make visa requirements clear enough for those who sign up. "Had I known it was considered work before I started doing it, I would have given it a lot more thought," she said.
The ordeal has had far-reaching ramifications for any travel she does across the world. Madolline can never use the ESTA program again, can't transit through the United States, and to ever return to the country she would need to apply for a visitor's visa.
What's more, when visiting other countries she has to declare she has been turned away at a border.
"My main gripe is I can't even transit through the US because you need an ESTA," she explained. "It's an anxiety when I go to new countries."
She recently visited New Zealand where she had to declare that she was refused entry to another country on immigration papers.
Thankfully, she was able to get a work visa to Canada in subsequent years.
Madolline advises travellers to "be honest" with immigration officials. "If I lied and they found out, that would have ended up [worse]," she believes.
Vincenty said like in Madolline's case, these incidents were taking place before Trump's executive order and believes it's a good thing that travellers can be aware and know what to expect.
She believes the situation should be "monitored for this year" — but doesn't know how long for certain the "heightened" searches will take place.
She added that digital searches — where officers search travellers' devices — appear to be on the rise.
"That is something that is much more frequent now," she said. "They're using profiling to target certain people and young Australians will be more targeted."
She suggested those with sensitive data on their devices should "be careful". She said travellers can delete apps on their phones prior or swapping out sims. She warns that it has to be done prior to travel and once you arrive, if authorities choose to check your phone, you "can't refuse".
"You can't say no, or you won't be able to enter the US," she said.
"People should monitor the situation and if there is any doubt, they should get professional advice because everyone's situation is different," she said. "I just think if you're already a high anxiety person put your trip off, don't put it off for years, but it's a heightened environment and be aware of that," she said.
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