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USA Today
03-04-2025
- USA Today
Some warrantless searches are legal: What to do if you're stopped by border control
Some warrantless searches are legal: What to do if you're stopped by border control Show Caption Hide Caption 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. Heightened security measures at U.S. borders have raised concerns among travelers about their rights and potential scrutiny. U.S. citizens and green card holders have more rights at the border but could still face detainment or further inspection if they refuse to comply with certain requests, such as a phone search. Non-citizen visa holders or tourists can be denied entry if they don't answer an officer's questions and should comply with directives. Heightened security at U.S. borders has many travelers wondering what to do if they're stopped or questioned by officers when trying to enter the country. Under the Trump administration's crackdown on national security, there has been a recent string of high-profile cases regarding deportations, detainments and denied entries of tourists and legal visa holders. Most recently, a French scientist on assignment to Texas was denied entry after allegedly sharing their opinion on the Trump administration's research policy. The increased scrutiny by U.S. Customs and Border Control (CBP) at ports of entry, including bolstered searching of electronic devices, has stirred concern not just in visa and green card holders but even U.S. citizens who fear something they post on social media could get them in trouble. US citizens getting pulled aside: Travelers fear scrutiny at the border is rising "I think we are in a period of more aggressive enforcement and questioning at the border," said Noor Zafar, senior staff attorney at the ACLU's Immigrants' Rights Project. "We would recommend to travelers to take extra precautions when they're traveling into the U.S." According to CBP, every single person arriving at a U.S. port of entry is subject to inspection. "Lawful travelers have nothing to fear from these measures, which are designed to protect our nation's security," CBP Assistant Commissioner Hilton Beckham said in a statement to USA TODAY. "However, those intending to enter the U.S. with fraudulent purposes or malicious intent – don't even try. A visa is a privilege, not a right, and only those who respect our laws and follow the proper procedures will be welcomed." While most people will pass through without issues, it's still important for travelers to know their rights and how to handle any stops. Here's a guide on what to do if you're stopped at U.S. borders. What should I do if border control officers stop me? It depends on your immigration status. U.S. citizens (which includes those from U.S. territories) and, for the most part, green card holders are afforded more rights and can't be denied entry into the country. When stopped, they only need to answer routine questions about the nature of their trip and confirm their identity. However, they could face detainment or further inspection if they refuse to let their phone be searched, according to an ACLU Know Your Rights Guide. On the other hand, non-citizen visa holders or tourists can be denied entry if they don't answer an officer's questions. Zafar recommends that these travelers answer CBP's questions truthfully and comply with directives. Having an attorney's contact on standby – preferably on an easily accessible piece of paper – could be useful if you feel your rights are being violated. Requesting to call an attorney depends on the situation, including cases of prolonged detention, according to Zafar. Keep in mind that officers hold the power to deny that request. That being said, it's worthwhile to clean up your device's photos, videos, social media or any chats so there's less content to be searched prior to your trip. "They can only access what's on your physical device," she added, so whatever is in the Cloud and only accessible via internet are technically off limits. If agents keep your phone, you should ask for a receipt about the incident and contact information to follow up. What are my rights at the border? "So, we definitely do have rights at the border, but they are diminished in certain respects," Zafar said. "Border agents have the authority to do warrantless searches of certain belongings and devices, but to a point." Essentially, our Fourth Amendment protection against warrantless searches doesn't wholly apply within 100 miles of the border, but we still do have rights, even if it depends on your immigration status. Here are your rights that still apply at the border: Most people, except for tourists, have the right to remain silent unless in the presence of their attorney, but could face arrest consequences. You cannot be arrested without a "probable cause" or detained without "reasonable suspicion." Our First Amendment right to religious and political beliefs still applies at the border, so U.S. citizens and lawful permanent residents do not have to answer questions relating to these topics. Non-citizen visa holders or tourists can also decline, but this could still lead to denied entry. What should I do if I'm being profiled at the border? If you believe you're being racially or religiously profiled – which is protected under the U.S. Department of Homeland Security's guidelines – or if an agent is asking intrusive questions relating to politics, you can file a complaint. "It's kind of an open question, especially now, of how seriously these complaints are going to be taken, but this is a first step," Zafar said. And, of course, you can get in touch with an attorney who can consult if there's further action to be taken.
Yahoo
03-04-2025
- Yahoo
Some warrantless searches are legal: What to do if you're stopped by border control
Heightened security at U.S. borders has many travelers wondering what to do if they're stopped or questioned by officers when trying to enter the country. Under the Trump administration's crackdown on national security, there has been a recent string of high-profile cases regarding deportations, detainments and denied entries of tourists and legal visa holders. Most recently, a French scientist on assignment to Texas was denied entry after allegedly sharing their opinion on the Trump administration's research policy. The increased scrutiny by U.S. Customs and Border Control (CBP) at ports of entry, including bolstered searching of electronic devices, has stirred concern not just in visa and green card holders but even U.S. citizens who fear something they post on social media could get them in trouble. US citizens getting pulled aside: Travelers fear scrutiny at the border is rising "I think we are in a period of more aggressive enforcement and questioning at the border," said Noor Zafar, senior staff attorney at the ACLU's Immigrants' Rights Project. "We would recommend to travelers to take extra precautions when they're traveling into the U.S." According to CBP, every single person arriving at a U.S. port of entry is subject to inspection. "Lawful travelers have nothing to fear from these measures, which are designed to protect our nation's security," CBP Assistant Commissioner Hilton Beckham said in a statement to USA TODAY. "However, those intending to enter the U.S. with fraudulent purposes or malicious intent – don't even try. A visa is a privilege, not a right, and only those who respect our laws and follow the proper procedures will be welcomed." While most people will pass through without issues, it's still important for travelers to know their rights and how to handle any stops. Here's a guide on what to do if you're stopped at U.S. borders. It depends on your immigration status. U.S. citizens (which includes those from U.S. territories) and, for the most part, green card holders are afforded more rights and can't be denied entry into the country. When stopped, they only need to answer routine questions about the nature of their trip and confirm their identity. However, they could face detainment or further inspection if they refuse to let their phone be searched, according to an ACLU Know Your Rights Guide. On the other hand, non-citizen visa holders or tourists can be denied entry if they don't answer an officer's questions. Zafar recommends that these travelers answer CBP's questions truthfully and comply with directives. Having an attorney's contact on standby – preferably on an easily accessible piece of paper – could be useful if you feel your rights are being violated. Requesting to call an attorney depends on the situation, including cases of prolonged detention, according to Zafar. Keep in mind that officers hold the power to deny that request. That being said, it's worthwhile to clean up your device's photos, videos, social media or any chats so there's less content to be searched prior to your trip. "They can only access what's on your physical device," she added, so whatever is in the Cloud and only accessible via internet are technically off limits. If agents keep your phone, you should ask for a receipt about the incident and contact information to follow up. "So, we definitely do have rights at the border, but they are diminished in certain respects," Zafar said. "Border agents have the authority to do warrantless searches of certain belongings and devices, but to a point." Essentially, our Fourth Amendment protection against warrantless searches doesn't wholly apply within 100 miles of the border, but we still do have rights, even if it depends on your immigration status. Here are your rights that still apply at the border: Most people, except for tourists, have the right to remain silent unless in the presence of their attorney, but could face arrest consequences. You cannot be arrested without a "probable cause" or detained without "reasonable suspicion." Our First Amendment right to religious and political beliefs still applies at the border, so U.S. citizens and lawful permanent residents do not have to answer questions relating to these topics. Non-citizen visa holders or tourists can also decline, but this could still lead to denied entry. If you believe you're being racially or religiously profiled – which is protected under the U.S. Department of Homeland Security's guidelines – or if an agent is asking intrusive questions relating to politics, you can file a complaint. "It's kind of an open question, especially now, of how seriously these complaints are going to be taken, but this is a first step," Zafar said. And, of course, you can get in touch with an attorney who can consult if there's further action to be taken. This article originally appeared on USA TODAY: What are my rights if I'm stopped by US border agents?
USA Today
30-03-2025
- Politics
- USA Today
What happens if you are denied entry to the US
What happens if you are denied entry to the US Show Caption Hide Caption 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
NBC News
27-02-2025
- Business
- NBC News
Trump signals Canada, China and Mexico tariffs could take effect next week, with 'reciprocal' tariffs planned for April
President Donald Trump said Thursday that 25% tariffs on goods imported from Canada and Mexico would go into effect next Tuesday, March 4. In a post on his Truth Social app, Trump said the tariffs were needed to combat continued drug flows into the U.S. "We cannot allow this scourge to continue to harm the USA," he wrote, adding that the tariffs would be imposed "until it stops, or is seriously limited." Trump also said reciprocal tariffs on major trading partners, which the president threatened earlier this month, were slated to take effect April 2. Major stock indexes retreated on the news after notching earlier gains Thursday morning. Trump has continued to keep markets off balance as he has advanced, then withdrawn, various tariff proposals in recent weeks. He has also offered conflicting rationales for imposing them, with a long-running fixation on closing the U.S. trade deficit giving way to ongoing concerns about drug flows — even though interdiction data from the U.S. Customs and Border Control show trafficking is already in retreat. Days after first proposing the Canada and Mexico duties earlier this month, the president announced he was suspending them for 30 days after signaling he had won concessions from the two nations. Some experts said some of those gains, which included a troop deployment by Mexico and a new anti-drug policy for Canada were less substantial than heralded. A proposal for steel and aluminum tariffs announced earlier this month was also slated to take effect March 4 — but Trump did not mention those duties in his Thursday social media post. More recently, the president called for tariffs on autos, computer chips and pharmaceuticals. Yet those, too, went unmentioned in his Thursday post. And as for the reciprocal duties now planned for April, the White House has signaled those tariffs would also be contingent on studies of their potential impact. All told, though Trump has threatened a bevy of tariffs since taking office, only an additional 10% duty on Chinese goods on top of pre-existing levies on that nation have gone into effect so far. Still, many analysts say the unpredictability alone created by Trump's tariffs talk has already taken a toll on markets and the economy. "Instead of clearing up the uncertainty about the direction of U.S. economic policy, Donald Trump's victory in last November's presidential election has only magnified it," Capital Economics research and consultancy group said in a note to clients Thursday morning, "with threats of massive punitive tariffs and the potential upending of traditional geopolitical alliances plunging the rest of the world into a state of heightened uncertainty too. Uncertainty could end up weighing on global investment and consumer spending for an extended period, particularly if Trump repeatedly pushes back his tariff deadlines." Trump has previously stated the duties would bring in revenues and help close America's budget deficit. 'Our country will be extremely liquid and rich again,' Trump said.
