Navigating Enhanced Vetting at U.S. Borders
At various airports and land border crossings throughout the United States, tourists and other visitors have increasingly reported experiences related to the Trump administration’s campaign of “enhanced vetting.” This initiative has not only affected foreign travelers but has also led to heightened scrutiny of legal immigrants, including green card holders and naturalized citizens, who find themselves subjected to additional questioning and searches upon entry.
This situation raises important questions regarding best practices for crossing into the United States, the rights of travelers at the border, and the legality surrounding searches of devices and luggage. Below are some essential points to consider if you are planning to visit or return to the U.S. as a tourist, legal resident, or citizen.
Are You a Visitor with a Visa or ESTA? Ensure It Aligns with Your Travel Plans.
According to the American Civil Liberties Union, U.S. border officials possess “wide-ranging discretion” when it comes to granting entry. Decisions can be made based on suspicions that a person may be entering the country for reasons other than those specified by their visa or Electronic System for Travel Authorization (ESTA). For instance, if a traveler holds a tourist visa but appears to have intentions of working, they may be questioned or denied entry.
- “We’ve seen individuals detained simply for indicating they are ‘Open to Work’ on LinkedIn,” stated Michael Wildes, an immigration attorney based in New Jersey, who notably handled Melania Trump’s immigration case. “Such information can be interpreted as evidence that they are not merely visiting attractions like Disneyland or attending a wedding.”
- Cheryl David, an immigration lawyer in New York City, emphasized that while the rules for entering the United States have not formally changed, there is now a distinct “zero tolerance policy” being enforced.
Travelers should be aware of these circumstances and prepare accordingly to ensure a smooth journey into the United States.
