What happens if you are denied entry to the US

USA Today

30-03-2025

What happens if you are denied entry to the US
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Can a border patrol officer look through your phone and other devices?
U.S. Customs and Border Protection officers can go through your phone, including any deleted items on the device.
Travelers may be denied entry to the U.S. for a variety of reasons, including health concerns, criminal history and security risks.
Non-citizens who are denied entry to the U.S. may be sent back to their point of origin, detained for further screening or, in some cases, granted asylum.
Travelers who are denied entry to the U.S. have limited legal recourse, but may be able to reapply for a visa or seek an ineligibility waiver.
Nearly 1 million people enter the U.S. each day, according to U.S. Customs and Border Control.
Very few travelers are turned away, but recent reports of cellphone searches at airports and tourists and visa holders being detained, deported or denied entry have some concerned.
Last week, the French Education Ministry said a French scientist was purportedly denied entry to the U.S. after expressing a personal opinion on the Trump administration's research policy. And on Facebook, Alvin Gibbs, bassist for British punk band U.K. Subs, said he and two bandmates were denied entry to the U.S. for not having the right visa and an undisclosed issue, which he presumed to be past criticism of the president.
When asked about the French scientist, U.S. Customs and Border Protection spokesperson Hilton Beckham told Reuters, 'Claims that such decisions are politically motivated are completely unfounded.'
Here's what travelers should know about entering the U.S.
US citizens getting pulled aside: Travelers fear scrutiny at the border is rising
What is required to enter the United States?
That depends on your legal status.
All U.S. citizens must present a U.S. passport before boarding international flights leaving from or heading to the U.S., according to a Customs and Border Protection FAQ. That includes babies and children. CBP says a NEXUS Card is also acceptable for U.S. citizens departing from designated Canadian airports.
U.S. citizens arriving by land or sea are required to provide Western Hemisphere Travel initiative-approved identification, such as:
A U.S. passport or passport card
Enhanced driver's license
Enhanced tribal card
Trusted Traveler Program cards like Global Entry, NEXUS or SENTRI
Other types of documentation are accepted for U.S. military and accompanying immediate family members traveling on military orders and U.S. Merchant Mariners.
Even where alternate identification is allowed, it doesn't hurt to also carry a valid passport.
U.S. permanent residents need to show a valid green card or permanent resident card to reenter the U.S. after traveling abroad, according to U.S. Citizenship and Immigration Services. Its website goes on to say, 'When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver's License, and determine if you can enter the United States.'
Visa holders and other foreign nationals have different requirements depending on their visa status and country.
Do I need a travel visa for the US?
U.S. citizens and permanent residents do not need a visa to reenter the U.S. after traveling abroad. Citizens of Canada and Bermuda generally don't need a visa either, according to the State Department.
Additionally, more than 40 countries are part of the Visa Waiver Program, including France, Japan and Australia, as well as Taiwan, which the U.S. doesn't formally recognize as a country.
'Most citizens or nationals' of these places may visit the U.S. for up to 90 days of visa-free work or travel, as long as they have Electronic System for Travel Authorization (ESTA) approval, according to the State Department. However, a visa will be required for travelers who have been to Cuba since Jan. 12, 2021, or the Democratic People's Republic of Korea (North Korea), Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen since March 1, 2011.
Can a US citizen be denied entry at the border?
The American Civil Liberties Union says U.S. citizens have the right to enter the country, and lawful permanent residents 'generally cannot be denied entry to the United States,' but they may be detained or subject to further inspection for refusing to answer border officers' questions.
Border Control can check your phone. Here's what travelers should know.
What makes you ineligible to enter the US?
'If you are anything but a U.S. citizen, there are eight or nine grounds to keep you out when you're trying to come in,' said Fernando Chang-Muy, Thomas O'Boyle Lecturer in Law at the University of Pennsylvania Carey Law School. 'They are found in section 212 (a) of the immigration law."
The reasons could be like health-related grounds and the clause reads you will be found inadmissible and you cannot come in if you have a disease of public health significance, like tuberculosis, etc. We're not going to let you in if we know that you have a criminal issue. We're not going to let you in if you have security or related issues, you're a member of al Qaeda (for example). We're not going to let you in if we know that you're poor and you might go to the welfare office to apply for food stamps and cash and medical assistance – which, by the way, you're not going to get because when you go to the food stamp office, they're going to ask for proof that you are here with documents. We're not going to let you in if we think you're going to work illegally. We're not going to let you in if you have no paper, no passport and no visa, etc. So there's a whole bunch of reasons that the U.S. uses to keep you out if you're not a U.S. citizen.
Fernando Chang-Muy, Thomas O'Boyle Lecturer in Law at the University of Pennsylvania Carey Law School
He said lawful permanent U.S. residents may also be stopped if they leave the country for more than six months.
'They will ask you upon returning, 'Why have you been in (say) Hong Kong for seven months? Don't you want to be a lawful permanent resident? You have a green card,'' he said.
Travelers can explain any extenuating circumstances, like needing to care for a sick relative, but entry is not guaranteed.
The Trump administration also seeks to ban or heavily restrict travel from more than a dozen nations, including Bhutan, Iran and Venezuela, to protect Americans from 'aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes,' according to a presidential action issued in January.
What happens if you are denied entry?
Chang-Muy shared three scenarios for noncitizens.
'One is you're put back on the plane and sent back, and there, the carrier has to pay for you,' he said.
A second option is being sent to secondary screening.
''I see there's a little bit of blood on your blouse. Have you been coughing blood? Might you have TB?'' he shared as an example. 'And so you go to this room, and they could check you out for TB.'
A third option is being detained for various reasons, including traveling with false documents or being a perceived security threat.
What to do if your travel authorization is denied
There are not a lot of immediate options for non-U.S. citizens who are denied entry.
'If a permanent resident is denied entry, a reason has to be given,' Chang-Muy said, adding that they may seek legal counsel for help. 'There are nonprofits that provide immigration support all around the country, and there are private immigration attorneys as well.'
Foreign nationals fearing persecution in their home countries could seek asylum upon arriving in the U.S. But, he said, 'now things are changing, even as we speak, and even if you say the magic words, I have a well-founded fear of persecution, you might be expeditiously removed.'
In the case of visa denials, he said, 'typically consular officials have discretion to grant or deny a visa, and typically there's no review, and it's called the non-reviewability process of people who apply for a visa.'
'The reason is, if you're outside of the U.S., trying to come in, the principles of due process – telling your story before some tribunal, filing a lawsuit – that does not apply."
Hopeful travelers may, however, reapply for a visa down the line or apply for an ineligibility waiver.
Contributing: Reuters