There’s a lot of media coverage about people being interrogated by US border security, denied entry, and held for weeks before being repatriated. Travelers are freaked out. Lawyers are telling people to fly with a burner phone. People are cancelling trips to the US for fear that they’ll be sent to prison if they’ve ever criticized the US, even in a private message.
While being pulled into secondary screening is stressful and unpleasant, the advice being given is not helpful. Flying without your phone seems suspicious and silly, given that the US government has access to so much of our data directly through platforms. Lots of attorneys are suggesting you mail your phone and laptop — despite the fact that the government can search the mail, our emails, and text messages already.
None of the rules have changed, they’re just being more strictly enforced. Or maybe we just have a president who talks a lot about border security and the media likes stirring up anxiety for clicks. Statistics from US Customs and Border Patrol don’t show the dramatic increase in device searches the media tells us has occurred.
The number of court cases on the topic of phone searches at the border demonstrate that this is not a new controversy. Searches of electronic devices were on the rise before our current resident was reelected. NBC says border control began searching the phones of US citizens under George W Bush.
Last year, fewer than 0.01% of arrivals had their phones searched by CPB, that’s still a lot of people:
“In FY 2024, out of the over 420 million travelers CBP processed at ports of entry, CBP only searched the electronic devices of 47,047 international travelers (CBP).”
Phone searches are also conducted on departing travelers, and by other agencies, such as ICE.
While Canada also searches the electronic devices of travelers, they do so at a rate closer to 0.001% of arrivals.
Few tourists and visa holders arriving at the US border have the right to a removal hearing before a judge, so most who are denied entry face expedited removal. The big change appears to be that people being denied entry are facing very slow expedited removals. Instead of being placed on a flight to their country of residence or the country they just flew in from within 72 hours, reports tell of people being held for weeks.
If you’re planning a trip to the US, what can travelers to the US do to avoid hassles at the US border?
Know the rules of your status
Check ahead of time to ensure that whatever your plans are conform with the type of visa (or visa waiver) you’re traveling on. If you explain how you’re CouchSurfing or using HelpX as part of a cultural exchange program, you’d better have a Q-1 visa in your passport. Taking classes in the US may or may not require a student visa, depending on the specifics. If you’re in the US to make videos for your YouTube channel, you might be told you’re ineligible for the visa waiver program and need to try again once you’ve gotten an I visa. If you want to use USMCA (formerly NAFTA) be sure you’re eligible and have the correct documents.
The visa waiver program
If you’re from the EU or another country that qualifies for the visa waiver program, you need to have a flight booked to a country that does not border the US. This isn’t a new rule, although you may have entered the US without being asked to show proof in the past. You might still not be asked for proof of onward travel. If you are asked and you don’t already have something booked, the law requires you be denied entry. You’ll also need an ESTA (although the airline probably won’t allow you to board without one, so this is rarely a problem at the border).
Only certain activities are allowed under the visa waiver program: tourism, visiting family and friends, medical treatment, amateur events, recreational study (not for credit), conventions and conferences, short-term training sessions, and contract negotiation.
If you tell the border agent that you’re planning to do anything other than those things during your stay in the US, you’ll be told you don’t qualify for the program and denied entry. If you do anything else (or have done anything prohibited while using the visa waiver), you may face issues in future visits to the US. A certain amount of volunteering, such as WWOOFing or house sitting, is permitted as long as it’s not the primary purpose of your visit.
You don’t qualify for the visa waiver program if you’ve been in the Democratic People’s Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen, or Cuba. If you’ve visited these countries (with some exceptions), you’ll need to obtain a tourist visa.
Canadians visiting the US
Canadian citizens don’t need a visa for tourism and aren’t participants in the visa waiver program. You need a visa to enroll in a degree or certificate granting program or to work. You’ll want to familiarize yourself with USMCA (formerly NAFTA) to see if you qualify for a streamlined visa program. You do need a visa if you’re the fiancee of a US citizen, spouse of a US citizen, or child of a US citizen intending to relocate to the US.
Immediate family members of US citizens
If you’re in a serious relationship with a US citizen, you’ll likely experience increased scrutiny at the border. In Europe, the spouses of EU nationals are waived through, since they qualify to immigrate. The same is true of Canada, where it’s also easy and entirely legal to switch visa types from within the country. In the US, the spouses of citizens are scrutinized, because they need to enter the US with a specific visa type and don’t qualify for the visa waiver program or tourist visas.
If you’re the romantic partner or other immediate family member of a US citizen, you’ll want to be ready to demonstrate your ties to the country you’re currently living in. A work contract, a lease or proof of home ownership, and a return ticket are helpful. Frequent or long visits to the US can raise red flags at the border, even if you carefully follow the rules.
Unfortunately for those of us who like clear guidelines, what’s considered sufficient proof of ties to your home country or too much time in the US is at the discretion of the border agent. Following message boards and social media groups can give you a sense of what might be a problem, so you can make your plans accordingly and avoid trouble.
Secret US citizens
A less common issue at the border is if you’re a US citizen entering the country using a foreign passport. If you’re a US citizen you don’t qualify for any visa or visa waiver program, but you also need proof of your US citizenship, so this raises an administrative issue. They’ll likely hold you at the border while they sort out your status, since they can’t allow you to enter until they know what category you qualify to enter under.
If you were born in the US, you’re probably a US citizen, so you’ll likely be flagged at the border if you try to enter the US using a foreign passport.
If you’re the child of a US citizen born abroad, you’re also technically a US citizen, even if you don’t have any documents to prove it. In this case it’s unlikely that border control will know you’re entering the country in the wrong category.
Choose your entry point
For those of you who are worried about entering the US but still want to go, the best option is to go through US border control outside of the US. There are 15 airports where visitors go through border control before boarding the flight, known as preclearance. The majority of flights to the US from Canada and Ireland involve preclearance.
If you’re facing a lot of questions at the border, you can withdraw your request to enter the US. Generally, the border agent will permit this unless they suspect you of a serious violation. If you withdraw your request and CBP agrees, this will supposedly not be a problem when you attempt to enter the US in the future.
It’s a lot easier to withdraw your request to enter the US if that doesn’t require being flown back. At preclearance and land borders, those who are denied entry or withdraw their request to enter are escorted by officers and handed over to border control for the other country.
Much of the anxiety I’m seeing is that people will be denied entry and held indefinitely by US authorities. With preclearance and land entries, people who are denied entry are handed over to Canadian, Irish, or other foreign border authorities.
Because there have been numerous court cases about what’s included in baggage and what’s permissable during border searches, different airports follow different rules. Border control can look through your unlocked phone in airplane mode at any port of entry to the US. The 4th circuit and 9th circuit requires reasonable suspicion in order to conduct advanced searches of your electronic devices. I can’t tell you if refusing to unlock your phone is considered reasonably suspicious, but reports suggest that it can lead to them copying all data from your device or seizing it. Refusing to unlock your phone when asked virtually ensures you’ll be denied entry.
This will not help if the US has a reason to detain you. If you have a warrant out for your arrest, have ties to a terrorist organization, or have evidence of illegal activity in your baggage, you’ll be detained by US border control. It seems that recently people are being detained if they’ve previously overstayed their visa or worked without authorization.
Be thoughtful about what you say
Many of us have become used to border agents asking no questions, essentially just waving us through. Perhaps this is why so many people seem unaware of how to talk to border agents.
Be prepared to answer basic questions about your plans in a concise way. I aim to tell the simplest version of the truth. Misrepresenting your intentions and plans is fraud and renders you inadmissible.
Border agents expect tourists to be able to explain why they’re coming to the US, know where they’re staying in the US, and demonstrate their ties to their country of residence. Those entering the US on the visa waiver program are required to either have a return ticket or an onward ticket to a country that does not share a border with the US. These are potential issues with people who like to travel spontaneously. It’s not a good idea to hitchhike to the border if you want to be allowed across.
Trying to explain CouchSurfing, WWOOFing, HomeExchange, or house sitting to a border agent can cause unnecessary confusion. Have an address to provide, along with a simple explanation of what type of accommodation it is.
If you’re a musician, tattoo artist, photographer, or someone else whose work is highly mobile, traveling with your work instruments can lead to scrutiny. Remote work remains a bit of a gray area. The legal definition of work and precisely what requires a work permit is complex and it’s better to not debate this at the border. If your situation falls into a gray area, research the specifics ahead of time.
CBP agents ask the primary purpose of your travel. When people stay in a hotel, they don’t tell border agents that their primary purpose of travel is to stay in a hotel. No one comes to the US in order to cat sit or crash on a stranger’s couch. They pet sit and couchsurf in order to sightsee, practice their English, or visit friends. Border agents do not want to hear about every minor detail of your travel plans — but if you share irrelevant details, you’re likely to have the opportunity to share all of the details with agents in secondary screening.
Unfortunately, once a border agent has become suspicious of your intentions, it’s very difficult to convince them otherwise. Don’t forget that you can request to withdraw your request to enter the country.
If the agent is only concerned that you might be attempting to enter under the wrong visa category, you’ll be able to withdraw and will be escorted out of the border zone. If you’re concerned that this might happen to you, it’s wise to book your flight through an airport with pre-clearance. This way, if you’re denied entry you can return home (or to your next destination) without delay.
Be prepared
If you’re worried about going through a border inspection, you’ll want to provide a trusted contact with copies of your key documents and travel plans. Let them know when you’re about to enter border control, since you won’t be able to use your phone while in the border zone. Make sure they know who to contact and what to do if they don’t hear from you in a certain amount of time.
The best preparation is to be familiar with the requirements for whatever visa you’re entering the US under and to have any documents that might be necessary to demonstrate that you qualify for that category.
It helps to have an eSIM set up ahead of time and to make sure you know how to connect to the airport wifi. Don’t forget to let your trusted contact know when you’ve made it through border control!
If you’re traveling with friends, make sure everyone has all the information they need if one of you is held at the border. If only one of you has your hotel booking information or instructions for how to get into your AirBnB, the scramble to figure out where they’re sleeping will be a distraction from making sure everyone gets home safely.
If you’re denied entry, you’ll still be held while they process you for removal. This isn’t technically detention and there’s not a tracking system. Best case scenario, you’re stuck in a holding area in the airport for a few hours while they process your paperwork and then put on the next flight back to your country of origin. Sometimes you can request a destination, so it’s worth requesting to be sent to a place with frequent flights. The sooner the next flight is, the sooner you’re no longer being held by law enforcement.
If you’re detained, they can find out more information in the ICE Online Detainee Locator System. They’ll need to know your legal name as it’s presented on your passport or know your A number (alien identification number).
You won’t have access to your things if you’re being held at the border or moved to a facility. People held by CBP have limited access to phones and do not have the right to a free lawyer. You’ll need to have memorized someone’s phone number in order to make a call. You want to memorize the number of a trusted contact, an immigration attorney, and your embassy.
When to rethink your trip
While many people who are worried about the US border are unlikely to face any hassles beyond bag fees and bad airline food, there are some instances when people are right about it being unwise for them to attempt to enter the US.
When you’ve visited the US recently or frequently
When I backpacked Europe over 15 years ago, I was shocked by how many fellow travelers had no idea what the Schengen Zone was. While I was carefully tracking my days, they hadn’t even realized there were rules. Today, most backpackers know how to do the Schengen Shuffle. It’s EU non-citizen residents who get caught up in paperwork trouble.
You cannot do the US equivalent of the Schengen Shuffle. While Europe will let you do 90 days in, 90 days out and Canada will let you reset your visa with a day trip to Niagara Falls, NY, you cannot max out the number of days you’re officially permitted to spend in the US. If you’ve spent more than 30 days in the US within the past year, your odds of facing extra questions are high, particularly if you’re planning another long visit.
Even if you have an actual 10 year tourist visa inserted in your passport, visiting too frequently will attract scrutiny and could lead to your visa being revoked.
Yes, if you follow the terms exactly, you’ll still face problems at the border. It doesn’t make any sense — why have rules and then penalize people for following them to the letter? — but it’s nothing new.
If you do visit the US on a regular basis or for longer visits, be prepared to answer questions. Have documents explaining the purpose of your trip, demonstrating you have the means to support yourself, showing ties to your country of residence, and proving that you’ll leave the US at the end of your trip.
If you’re inadmissible
There are certain things that make you ineligible to enter the US. Having any sort of criminal record, communicable disease, or lacking sufficient financial resources is likely to make you inadmissible to the US.
All airlines provide lists of passenger names to CBP in advance. All visitors to the US are required to have an ESTA (electronic travel authorization for the visa waiver program), a visa, a greencard (permanent resident status), or proof of US citizenship. Border agents use this information to conduct checks on people coming to the US.
In the US, if you are assigned a court hearing and do not attend, a warrant for your arrest is issued. When you pass through the border or appear on a flight manifest, you’ll be arrested. This doesn’t only happen to people we would think of as criminals. People are sometimes surprised to find out that they have a warrant for their arrest because of unpaid traffic tickets and unpaid child support. Recently a man was arrested when attempting to leave the US because he didn’t go to a court date for DUI charges.
The biggest risk factor is having any sort of ties to groups considered terrorist organizations or groups associated with terrorist organizations. If you want to be able to pass through the US border, steer clear of advocating for or fundraising for organizations associated with terrorism. Some organizations that do humanitarian work have ties to groups the US considers terrorist organizations and supporting these organizations, even only their charitable works, can result in you being detained.
Anyone who’s openly advocated for a group on the terrorism watch list will likely be flagged by border security and potentially face serious consequences. If you have ties to terrorist organizations, there’s no need to fuss about burner phones or wiping your laptop, since law enforcement already has your name flagged. The US government conducts a lot of surveillance. They can access your social media, email, SMS, and other activity without you needing to unlock your phone and hand it to them.
Regardless of personal politics, the purpose of border security is to keep a nation safe. It makes sense for CBP to deny entry to or detain people who are advocating for and fundraising for enemies of the United States. It goes without saying that if you want to overthrow the US government, you should probably pick another vacation destination.
Let’s remember that US visa and immigration documents still have questions to screen out anyone associated with communism. Yes, if you’ve participated in communist meetings or are a registered member, technically you are inadmissible to the US.
If you become inadmissible, your visa will be revoked. Greencards can be revoked under certain circumstances, such as felony convictions, ties to terrorism, or if it was acquired through fraud.
If your friends or family are on a watch list or under investigation by any government agency, you’re more likely to be pulled for secondary screening. It’s suspected that some people’s electronic devices are searched at the border to get around restrictions on agencies that CBP shares information with, such as the DEA, FBI, Treasury, and the National Counterterrorism Center.
If you’ve faced additional scrutiny at the border repeatedly, you may share the same name as someone on a government watchlist or have had your identity stolen. If this is the case, the Department of Homeland Security can issue you a redress number through its Traveler Redress Inquiry Program. In my experience, getting a new passport can also do the trick.
Has US border security changed?
It’s not new for border agents and airport security to search people’s phones and laptops. There have been court cases around the US and in other countries to determine what’s included in “baggage” now that people travel with electronic devices.
The 2011 sequel to Eat, Pray, Love hinges on her boyfriend being denied entry to the US because he has too many ties to the US and is suspected of violating the terms of his status as a tourist. If you’ve visited the US frequently, stayed over 30 days, have business ties to the US, applied for an immigrant visa, or mention a significant other in the US, you’re likely to spend some time in secondary screening.
Back in 2013, when President Obama was in the White House, I had my phone searched. Officers had me unlock my phone, hand over everything I had with me, and took my shoes. They then went into another room for what felt like a very long time. After that I was subject to additional screening before every flight until I got a new passport. Even as a US citizen with NEXUS and Global Entry, I faced lots of questions when entering the US during the Biden years. I’ve been pulled into secondary screening by Canadian border control plenty of times.
I know quite a few people who’ve been denied entry to the US, Canada, UK, and other countries over the years because border agents were concerned about their transient lifestyle, misunderstandings about whether they would be working, previous overstays, and misdemeanors. None of those cases garnered media attention. The media does take interest when people are denied because of their being members of Trusted House Sitters. Articles in the news doesn’t always mean an actual increase in frequency, it can simply reflect an increase in media attention.
Maybe border security has changed and many more people are being denied entry or detained. The fact that there aren’t statistics to demonstrate this doesn’t mean it hasn’t happened. You get to decide what sources to trust and what risks you’re willing to take.
Entry into the US has always been at the discretion of border agents. Even if you have a visa, work permit, or greencard, the border agent can deny you entry or detain you. This power is not unique to the US. When I immigrated to Canada, the visa authorizing me to become a permanent resident made it clear that the border agents could deny me entry and reject me for permanent resident status if they noticed anything amiss.
While some people advocate for borders to be abolished, right now we live in a world with lots of borders and rules around who can cross them. Knowing the relevant rules can reduce the likelihood that your vacation will make the news.
