The U.S. has long been the global leader in welcoming international tourists. However, the Trump Administration immigration crackdown has transformed U.S. Customs & Border Protection posts at U.S. airports into a gauntlet for some international visitors, resulting in detentions and raising concerns about the border patrol’s power.

Increasing reports of international travelers—especially from friendly countries like Germany, Canada, and the UK—being detained at U.S. ports of entry are fueling fears and uncertainty about visiting the United States. Several tourists, despite arriving with valid authorization under the U.S. visa waiver program or valid work permits, found themselves unexpectedly locked up for days or even weeks without clear explanations.

These incidents, occurring during heightened political tensions and restrictive immigration policies, underscore a growing unease about U.S. border practices.

This aggressive posture at US airports is causing travel anxiety, global concerns, and likely will result in economic backlash as more international visitors take their money and talent to more welcoming destinations.

How Many International Visitors Come to the U.S.?

In 2024, an estimated 77.7 million people from other countries visited the United States, a significant increase from the 66.5 million in 2023.

In 2024, the U.S. travel and tourism sector contributed a record-breaking $2.36 trillion to the nation’s economy, supporting millions of jobs and solidifying its position as the world’s most powerful travel and tourism market, even with a slow return of spending from international travelers.

Key Economic Contributions:

·        Record-Breaking GDP Contribution:

The World Travel & Tourism Council (WTTC) reports that the U.S. travel and tourism sector contributed a record $2.36 trillion to the nation’s economy in 2024.

·        Significant Employment:

The sector is projected to employ 18.8 million people across the country, with one in nine Americans working in the industry.

·        International Travel Recovery:

International tourism receipts saw robust growth in 2024, reaching pre-pandemic levels in real terms.

·        Global Leadership:

The U.S. remains the world’s most powerful Travel & Tourism market, with almost double the economic contribution of its nearest rival.

·        Growth:

Until recently, the sector was expected to continue growing, with projections for further increases in travel spending and international visits in the coming years.

The Trump Administration’s Has Put Out the “Not Welcome” Sign

The Trump administration’s aggressive and invasive tactics at airports are creating an environment where international visitors are questioning whether they want to visit the U.S. now.

UK, German, and Denmark have issued Travel Advisories for their citizens thinking about visiting the U.S.

For those individuals thinking about traveling to the U.S., the following article highlights the issues to be aware of, and the strategies to keep you safe.

Legal Entry Does Not Always Mean Entry Granted

Since President Donald Trump returned to office, the U.S. has adopted even stricter immigration enforcement policies. Incidents have been reported where travelers, including a backpacker from Wales, were held at the Canadian border for nearly three weeks. Now, even travelers from historically close allies like Germany, the United Kingdom, and France are finding themselves:

  • Detained at U.S. border crossings
  • Deemed “inadmissible” despite having valid travel documents
  • Held for days or weeks in immigration detention facilities

What’s Happening at U.S. Airports?

  • Legal immigrants are being flagged and detained based on outdated or minor records.
  • Digital surveillance tools and data-sharing systems are fueling these actions.
  • Electronic devices and social media are being searched by customs officers without clear standards.
  • The result: individuals with legal status may be treated as threats and denied entry, held for days, or deported—sometimes in violation of court orders.

Several cases have made headlines, prompting updated travel advisories from European governments warning their citizens about potential U.S. entry issues.

Why Are These Tourists Being Detained?

Immigration officials, despite having no criminal records and offering to return home voluntarily, detained travelers say they were:

  • Denied translators or legal counsel
  • Given no clear explanation for their detention
  • Treated like criminals in overcrowded conditions

Understanding the Visa Waiver Program (ESTA)

The Visa Waiver Program (VWP) allows citizens from 40+ countries to:

  • Visit the U.S. for up to 90 days for tourism or business.
  • Travel without a visa if they receive approval via the Electronic System for Travel Authorization (ESTA).

However:
Being approved by ESTA does not guarantee entry. At any port of entry, Customs and Border Protection (CBP) officers may still deny admission.

CBP officers have full discretion to deny entry at the border for any reason they deem valid.

ICE Statement:

“If statutes or visa terms are violated, travelers may be subject to detention and removal.”

Learn more: DHS Visa Waiver Program Overview


Legal and Policy Backdrop: A Shifting Landscape

Under President Trump’s second term:

  • The administration is preparing new travel bans targeting select countries.
  • Border agents are reportedly using expansive discretion under 18th-century laws such as the Alien Enemies Act.

Background: Rising Detentions, Shifting Policies

President Trump has taken a more aggressive approach to immigration enforcement, especially at borders and entry points. This includes:

  • Expanding deportation authority
  • Revoking visas without warning
  • Targeting specific groups, including LGBTQ+ travelers and protesters
  • Foreign students, scientists, and professionals are facing increasing scrutiny and visa revocations

Read more:
The Hill: U.S. Immigration Under Trump – 2025 Overview

Case in Point

  • Ranjani Srinivasan, a Columbia University graduate student, fled to Canada after ICE agents showed up at her door. She denies DHS claims of supporting Hamas.

Watch CBS interview with Ranjani.

Psychological and Financial Toll on Tourists

  • Lucas Sielaff now experiences nightmares and is considering therapy.
  • He and Tyler are reconsidering their plans to marry in Las Vegas.
  • Many travelers paid thousands out-of-pocket for last-minute return flights.

“What happened at the border was a blatant abuse of power,” said Tyler. “We did nothing wrong.”

What the Law Says About Detention and Entry

Even travelers with legal status can be detained. Here’s why:

  • ESTA (Visa Waiver Program) travelers can be denied entry without a hearing.
  • Green Card holders can be detained if DHS suspects fraud or unlawful behavior.
  • H-1B and student visa holders may have visas revoked with limited notice or due process.

 

 

Inside the Immigration Detention Facilities

Detained tourists described:

  • Crowded cells with 6–10 people
  • No clear communication from officials
  • Limited access to legal help
  • One traveler was reportedly held in solitary confinement for over a week

Emotional Impact

“You are angry, you are sad, you don’t know when you’ll get out,” said Sielaff.

He now suffers nightmares, is considering therapy, and may cancel his planned Las Vegas wedding with Tyler.

 

 Learn more about your rights at the border:

Recommendations for Foreign Travelers to the U.S.

Before You Travel:

  • Apply for ESTA well in advance: ESTA Portal
  • Confirm your ESTA or visa status is active and matches your travel intent.
  • Carry documentation to show:
    • Return ticket
    • Accommodation bookings
    • Travel insurance
    • Proof of financial support
    • Conference invites or other confirmation of travel purpose
  • Know what not to bring—tools, work-related items, or political materials could raise suspicion.
  • Have documentation printed and saved digitally (e.g., visa approvals, return tickets).
  • Be prepared to answer clear, concise questions at entry points.
  • Keep electronic devices clean of sensitive or personal political content.
  • Understand that officers may request access to phones or laptops.
  • Avoid vague answers at the border—be prepared to clearly explain your visit.
  • Review your social media for content that may be misinterpreted.
  • Be aware of visa revocation risks, especially if your country is flagged in travel advisories.

At the Border:

  • Be honest, concise, and respectful.
  • Answer only what is asked.
  • If detained or denied entry:
    • Ask to contact your embassy or consulate
    • Do not sign anything without understanding it
    • Request a translator if needed

If You’re Detained

  • Ask to contact your embassy or legal counsel.
  • Do not sign any documents without understanding them.
  • Document your experience as soon as safely possible.
  • Reach out to legal rights organizations.

 

 

 

Germany and U.K. Update Travel Warnings

Due to growing incidents:

  • Germany’s Foreign Ministry emphasized that a visa or waiver does not guarantee entry.
  • The U.K. government now warns its citizens that violating any U.S. entry rules—intentionally or unintentionally—may result in arrest or detention.

View official advisories here:

Universities and Foreign Nationals on Alert

In response to these cases, the University of California, Los Angeles (UCLA) issued a warning to its foreign-born students and staff:

“Non-essential travel over spring break is discouraged. Re-entry policies may change without notice.”

This highlights growing concern that immigration policy is shifting too fast for travelers to keep up.

How the U.S. Justifies These Detentions

U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) state:

“If statutes or visa terms are violated, travelers may be subject to detention and removal.”

But critics argue that:

  • Travelers are not always clearly told what violations occurred.
  • Detention conditions are harsh and unnecessary for non-criminals.
  • These actions may violate due process and international human rights norms.

Nonprofit leaders and attorneys report seeing an unprecedented rise in European nationals being locked up.

Pedro Rios of the American Friends Service Committee:
“In over 20 years of border work, I’ve never seen this many detentions involving visitors from Western Europe or Canada.”

Policy Under Trump’s Second Term: More Aggressive Than Ever

This wave of detentions comes amid:

  • Expanded use of obscure 18th-century laws, like the Alien Enemies Act, to deport individuals without trial.
  • Aggressive visa revocations without due process.
  • An effort to end birthright citizenship, which has triggered constitutional lawsuits.

Legal experts and civil rights groups fear that these tactics are:

  • Politically motivated
  • Disproportionately targeting students, researchers, and activists
  • Creating long-term damage to the U.S.’s global academic and diplomatic relationships

 

 

 Surveillance at the Border: How U.S. Airports Are Becoming Immigration Enforcement Zones

In recent months, disturbing reports have emerged of legal immigrants being detained, deported, or even allegedly mistreated by U.S. Customs and Border Protection (CBP) agents at airports and border entry points.

While these individuals often had valid visas or green cards, many found themselves caught in a growing surveillance web empowered by the Department of Homeland Security (DHS). This system weaponizes minor infractions, old charges, and even social media posts to justify harsh enforcement actions.

Case Study: Fabian Schmidt — A Green Card Holder Detained and Allegedly Abused

Who: Fabian Schmidt, a U.S. permanent resident since 2008.

What happened:

  • Upon returning from Europe, Schmidt was detained at Boston Logan Airport.
  • CBP agents reportedly interrogated and mistreated him, forcing him into a cold shower, denying him medication, and holding him in a brightly lit room with little food or sleep.
  • He was allegedly pressured to relinquish his green card.

Why: A prior misdemeanor marijuana charge from 2015, which had been dismissed after California changed its laws. CBP cited this and an older DUI charge as justification.

Key Legal Issue: Though dismissed, marijuana charges can still count under federal immigration law, especially as “crimes of moral turpitude”—a vague category that has been grounds for inadmissibility since 1891.

Current Status: Schmidt is being held in an ICE detention center in Rhode Island. A rally is planned at the Rhode Island State House in response to his detention.

📘 Learn more about “crimes of moral turpitude” and inadmissibility here:Immigrant Legal Resource Center

How CBP Uses an “Alphabet Soup” of Databases

CBP agents use a sophisticated set of surveillance tools to screen travelers. These include:

  • Interagency Border Inspection System (IBIS)
  • FBI’s National Crime Information Center (NCIC)
  • State and local police records
  • Advance Passenger Information System (APIS) – collects traveler data from airlines in advance.

Key Insight:

Even before a traveler steps off a plane, CBP may already have reviewed years of their legal, criminal, and digital footprint.

 

Tracking Foreign Nationals Detained by ICE: What Travelers Need to Know

In recent years, particularly during the Trump administration, international travelers—from tourists and researchers to visa-holding professionals—have increasingly found themselves detained, deported, or refused entry into the United States.

While some cases involved administrative misunderstandings, others raised significant concerns about racial profiling, academic freedom, and political targeting. Many of these individuals have been held in immigration detention facilities, highlighting issues faced by European travelers and others detained by ICE. This guide provides an updated and detailed look at the known cases, legal context, and implications for foreign nationals visiting or residing in the U.S.

Snapshot: Who Is Being Detained and Why?

Name

Nationality

Visa/Status

Detention Length

Reason (Alleged)

French Scientist (unnamed) France ESTA Refused Entry Critical messages about U.S. policy
Rebecca Burke UK (Wales) Tourist ~2 weeks Misclassified as unauthorized worker
Mahmoud Khalil U.S. Permanent Resident Green Card Ongoing Political activity; accused of ties to Hamas
Badar Khan Suri India F-1 Student Visa Ongoing Accused of spreading antisemitic content
Dr. Rasha Alawieh Lebanon H-1B Detained at airport Attended funeral in Beirut
Jasmine Mooney Canada Work Visa Applicant 2 weeks No explanation provided
Jessica Brösche Germany ESTA 6+ weeks Assumed to be working illegally
Lucas Sielaff Germany ESTA 16 days Misunderstood a CBP question
Fabian Schmidt Germany Green Card Holder Detained upon return Details not public

 

 

 

 

Case Details: Travelers Caught in an Expanding Enforcement Net

French Scientist Denied Entry Over Texts

  • Denied entry to a research conference in Houston.
  • French officials said private messages criticizing U.S. academic policy were cited.
  • French Education Minister Philippe Baptiste condemned the action, affirming academic freedom.
  • Baptiste is calling on the EU to create safeguards for researchers.

More context on academic freedom risks:
Scholars at Risk Network


British Artist Detained as ‘Illegal Alien’

Rebecca Burke, 28, from Wales, was traveling across North America helping host families with household chores in exchange for lodging. A similar incident involved a Canadian woman who faced detention at the U.S. border, highlighting the troubling experiences of travelers. She was detained:

  • At the U.S.-Canada border on Feb. 26.
  • Labeled a visa violator despite being a tourist.
  • Handcuffed and sent to a detention center in Tacoma, WA.

Her father said:

“She was treated like a criminal, despite having no record.”

Palestinian Rights Advocate Arrested

Mahmoud Khalil, a lawful permanent resident and Columbia University graduate, was arrested:

  • For allegedly showing support for Hamas during pro-Palestinian protests.
  • DHS has not filed criminal charges but claims “non-material support.”
  • Civil rights groups have called the arrest a threat to First Amendment rights.

ACLU’s stance on free speech and protest rights


Student Arrested at Home Over Visa Revocation

Badar Khan Suri, an Indian national and graduate student at Georgetown:

  • Was arrested at his Virginia home by masked agents.
  • DHS accused him of sharing antisemitic content and having “close ties” to someone affiliated with Hamas.
  • Suri denies all allegations; a court has blocked his deportation for now.

Lebanese Doctor Detained at Boston Airport

Case Study: Dr. Rasha Alawieh — A Legal Visa Holder Deported Over WhatsApp Photos

Who: Dr. Rasha Alawieh, a physician and professor at Brown University on a valid H-1B visa.

What happened:

  • After landing in Boston from Lebanon, she was pulled aside for secondary inspection.
  • Her phone was searched, revealing WhatsApp images of Hezbollah leaders—common in her religious community.
  • Despite a federal court order stopping her deportation, CBP flew her to Paris.

Why: CBP claimed the images indicated support for terrorism. Her attorneys argue they were religious in context and automatically downloaded.

Legal Concern: CBP searched her “recently deleted” folder, which often requires a password. Legal protections for non-citizens regarding digital privacy at the border remain limited.

Outcome: Her visa was revoked, and she is barred from entering the U.S. for five years.


 

Canadian Entrepreneur Detained Mid-Visa Process

Jasmine Mooney was in the middle of securing her U.S. work visa when she was:

  • Detained at the San Diego border.
  • Held for two weeks without legal access or explanation.

In her words (via The Guardian):

“One moment I was meeting with an officer. The next, I was handcuffed and locked up.”

German Tourists and Residents Detained

Following the detentions of several German nationals, Germany updated its U.S. travel advisories.

  • Jessica Brösche: Held 45 days, including 8 in solitary confinement. She had tattoo equipment, which officers assumed meant she intended to work.
  • Lucas Sielaff: Misunderstood a CBP officer’s question about where he lived, leading to 16 days in detention.
  • Fabian Schmidt: A green card holder detained upon return from Luxembourg. Reasons remain undisclosed.

Germany’s warning to travelers:
Auswärtiges Amt – U.S. Travel Advisories

A Cross-Border Trip Gone Wrong

Lennon Tyler, a U.S. citizen from Las Vegas, and her German fiancé Lucas Sielaff, thought nothing of a weekend trip to nearby Tijuana, Mexico. But upon returning, their experience turned into a nightmare.

What Happened at the Border?

  • At the San Ysidro border crossing, CBP officers accused Sielaff of violating his 90-day tourist permit.
  • Tyler was handcuffed and chained to a bench.
  • Sielaff, despite only being 22 days into his authorized stay, was taken into custody, handcuffed, and transferred to Otay Mesa Detention Center.
  • He was held for 16 days in crowded conditions before being ordered to leave the U.S.

“They never told us what the violation was. It felt like we had no rights,” said Tyler.

Legal Challenges and International Responses

  • France, Germany, Canada, and India have all raised concerns diplomatically.
  • U.S. courts have begun blocking deportations pending review.
  • Human rights groups are demanding oversight and transparency.

International collaboration is growing, especially in academic and legal communities, to respond to what many see as overreach and profiling under the guise of national security.

Phone and Social Media Searches: What You Need to Know

CBP’s authority to search electronic devices at ports of entry has been rapidly expanding.

Key Facts:

  • Device searches do not require a warrant at the border.
  • Non-citizens have fewer protections than U.S. citizens or permanent residents.
  • Even deleted or auto-downloaded content can be scrutinized.

Potential Consequences of a Phone Search:

  • Visa revocation
  • Secondary inspection flags
  • Ongoing surveillance
  • Inclusion in federal databases

📱 Pro tip: Consider carrying a clean device when traveling. Encrypt sensitive apps and back up your data before entering the U.S.

The Bigger Picture: The Rise of the Airport Surveillance State

What’s Changing:

  • Social media surveillance: Since 2019, all visa applicants must disclose 5 years of social media history.
  • Database integration: DHS is developing HART (Homeland Advanced Recognition Technology), a new biometric and relationship-mapping system.
  • Targeting legal travelers: Even without a criminal record, individuals can be flagged due to:
    • Travel history
    • Political views
    • Past screenings or secondary inspections
    • National origin

Recent Example:

A French scientist was detained in Houston after CBP agents allegedly found messages on his device criticizing Trump. He was deported and his laptop was confiscated.

What Can You Do?

Know Your Rights:

  • You can refuse to unlock your device—but this may lead to visa cancellation.
  • You have the right to remain silent.
  • Ask if you are being detained or are free to leave.
  • Request a lawyer if you’re a green card holder or asylum seeker.

Finland and Denmark Update U.S. Travel Warnings Amid Trans Rights Crackdown


Overview: New Travel Alerts Signal Growing Concern for LGBTQ+ Travelers to the U.S.

Finland and Denmark have joined a growing list of European countries issuing updated travel advisories for transgender travelers heading to the United States. These warnings are a direct response to recent U.S. policy changes under President Donald Trump, who has enacted sweeping executive orders that limit the rights of transgender and nonbinary individuals.


What Sparked the Policy Changes

Since returning to the White House in January 2025, President Trump has signed multiple executive orders affecting immigration, gender recognition, and military service. On Day One, he signed a directive declaring that only two sexes—male and female—will be legally recognized by the federal government.

Key Measures Implemented

  • End of federal recognition for gender markers other than “M” or “F”
  • Ban on transgender military service, with pending discharges of active personnel
  • Restrictions on visa applications based on gender identity

These changes are prompting widespread concern among human rights groups and foreign governments alike.


What Denmark’s Travel Advisory Now Says

The Danish Ministry of Foreign Affairs has updated its official travel guidelines with a special section on visa rules for transgender travelers visiting the United States.

Key Highlights:

  • Only two gender options—male or female—are available when applying for a U.S. visa.
  • If your passport includes a gender “X” marker or if you’ve legally changed your gender, you are advised to:
    • Contact the U.S. Embassy in Denmark before travel
    • Confirm entry eligibility in writing

LGBT+ Denmark, a leading advocacy group, urged the government to issue these updates following multiple community reports of border issues and entry denials.

View advisory: Danish Travel Guidelines (U.S.)

Finland Issues a Parallel Warning

Finland has also revised its guidance, especially for dual citizens or passport holders with non-binary or updated gender markers.

Important Details:

  • If the gender in your passport does not match your gender at birth, you may face denial of entry.
  • Finland’s government recommends verifying entry requirements with U.S. border authorities in advance.

Notably, Finland does not issue passports with an “X” gender marker, but dual nationals with documents from other countries could still be impacted.

Finnish foreign travel advisory: Finland’s Ministry for Foreign Affairs

Trump’s Executive Orders: A Snapshot of Recent Changes

Policy Area

Action Taken

Date Issued

Gender Recognition Limits legal gender to “M” or “F” Jan 20, 2025
Military Service Bans transgender enlistment; initiates discharge reviews Feb 2025
Visa Applications Limits to binary gender selections only Feb 2025

These orders are already facing legal pushback in multiple courts.

For legal updates, check: ACLU – Trans Rights Cases

Military Policy: Trans Service Ban Reinstated

In a controversial move, the Trump administration revived its earlier ban on transgender individuals in the military. A Pentagon memo from February 2025 directed:

  • All military branches to identify and discharge transgender personnel within 30 days.
  • Ban on any new transgender enlistments.

However, Federal Judge Ana Reyes has temporarily blocked the order, stating it could cause irreparable harm and may violate constitutional protections.


Impact on Global LGBTQ+ Travel

Denmark and Finland are not alone. Other countries have also taken steps in response to evolving U.S. policies:

Country

Advisory Issued

Reason

United Kingdom Yes Detention risk for visa violations
Germany Yes Warning that entry is not guaranteed, even with ESTA
Canada Not yet Premier expressed concern over unpredictability

Quote from LGBT+ Denmark:

“We are worried people will be stopped at the airport and denied entry, or exposed to something transgressive and unpleasant,” said Susanne Branner Jespersen, head of LGBT+ Denmark.

She added that the organization is seeking clear communication from the U.S. Embassy on what transgender travelers should expect.


Recommendations for Transgender Travelers to the U.S.

Before You Travel:

  • Confirm your legal gender status on your passport and visa documents.
  • Contact the nearest U.S. embassy or consulate for written clarification.
  • Bring supporting legal documents, such as a court order or physician letter, if applicable.
  • Be prepared for additional questioning at border entry points.

If You Face Issues at the Border:

  • Ask to speak with a supervisor and request your consulate be notified.
  • Contact an attorney or LGBTQ+ legal support organization.
  • Document the incident as soon as possible.

Resources for Trans Travelers

Organization

Website

What They Offer

Transgender Law Center transgenderlawcenter.org Legal help and border rights
OutRight International outrightinternational.org Global LGBTQ+ advocacy
ILGA-Europe ilga-europe.org European LGBTQ+ policy tracking
Lambda Legal lambdalegal.org U.S. litigation and civil rights protection

What Happens Next

More countries are expected to review or revise their travel policies in light of the U.S. government’s narrowing definitions of gender and increased immigration enforcement.

“This is part of a broader rollback of LGBTQ+ rights, and the international community is watching closely,” said a senior EU human rights adviser.


Can U.S. Border Agents Search Your Phone and Social Media? What You Need to Know


Overview: Digital Devices Under the Microscope at U.S. Borders

As more travelers enter the United States, an increasing number are being asked to unlock their phones, laptops, and social media accounts for inspection by U.S. Customs and Border Protection (CBP). These searches—sometimes triggered by political posts, group affiliations, or even private messages—are raising serious concerns about privacy, legality, and traveler rights.


Why This Matters

Under current policy, CBP officers have the authority to search electronic devices at the border without a warrant, citing national security interests. However, legal experts, civil liberties groups, and foreign governments are questioning whether this practice violates basic privacy protections guaranteed by the Fourth Amendment of the U.S. Constitution.

ACLU Response:
The American Civil Liberties Union has repeatedly challenged this practice in court. Learn more about their legal work here:


Recent Cases Raise Alarm

1. French Scientist Barred Over Private Messages

  • The scientist, on a temporary visa, was headed to a conference in Houston.
  • CBP flagged WhatsApp messages critical of President Trump, and denied entry.
  • CBP later claimed the decision was not politically motivated.

2. Lebanese Physician Detained Over Funeral Photos

  • Dr. Rasha Alawieh, a Brown University-affiliated physician, was returning from Lebanon with a valid H-1B work visa.
  • Photos of Hezbollah leader Hassan Nasrallah’s funeral on her phone triggered a lengthy detention.
  • Despite the legality of attending a funeral abroad, border officials raised security concerns.

What Can CBP Legally Do?

Device Searches at the Border Are Legal—With Limits

According to CBP:

  • Officers can inspect any electronic device, including:
    • Phones
    • Laptops
    • Tablets
    • Cameras
  • Travelers are not required to provide passwords—but refusing may result in:
    • Denial of entry (for non-citizens)
    • Seizure of the device
    • Detention for further questioning

CBP says searches help uncover:

·        Terrorism connections

·        Child exploitation

·        Drug/human trafficking

·        Visa and immigration fraud

For official CBP policy on digital device searches


Who Gets Selected for Searches?

CBP uses a broad discretion model to determine who gets flagged for secondary inspection. According to their website, factors may include:

  • Suspicion of immigration fraud
  • Inconsistencies in your travel story
  • Randomized checks
  • Suspicion of intent to work without authorization
  • Social media activity or foreign contacts

No Warrant Needed at U.S. Borders

At international entry points (airports, land crossings, seaports), constitutional protections are more limited than inside the U.S. This is known as the “border search exception.”


What Happens to Your Data?

Data Retention and Privacy Concerns

CBP can:

  • Copy or download data from a device
  • Retain it for up to 15 years
  • Share it with other federal agencies

CBP says it has “strong internal privacy protections,” but civil rights groups warn that travelers should limit the data they carry when crossing the border.

ACLU Tip: Travel with a clean phone or use cloud backup. Encrypt sensitive data and log out of apps.
ACLU Digital Privacy Travel Guide


Expert Advice for Travelers

From Immigration Lawyers

“Unless you’re OK with CBP reviewing everything on your device—including private conversations—you should think carefully before traveling with your phone or laptop,”
said Elissa Taub, partner at immigration law firm Siskind Susser.

From Legal Scholars

“This administration has declared war on immigrants—legally and politically,” said Stephen Tale-Loehr, retired professor of immigration law at Cornell University. “Border agents are using every tool available to make the U.S. seem unwelcoming—even to those who follow the rules.”


Global Response: Countries Issue Travel Warnings

As U.S. enforcement increases, foreign governments are alerting their citizens to the risks of traveling with devices containing sensitive content.

Country

Advisory Issued?

Reason

United Kingdom Yes Travelers may face arrest if rules are broken
Germany Yes Visa or ESTA does not guarantee entry
Finland & Denmark Yes Warnings issued for transgender travelers
New Zealand Yes Heightened risk of border interrogation

How to Prepare for Travel to the U.S.

Before You Travel

  • Remove sensitive content from your devices (photos, messages, chat apps)
  • Log out of social media accounts
  • Use a “clean” phone or laptop for travel
  • Encrypt your data and back it up in the cloud
  • Carry proof of:
    • Return flight
    • Accommodation
    • Purpose of trip

If You’re Detained

  • Ask for consular assistance immediately
  • Request a translator if needed
  • Do not sign anything unless you fully understand
  • Record details as soon as possible after release

Tattoos, Stereotypes, and Deportation: What’s Really Happening at the U.S. Border

Overview: Immigrants Deported Over Tattoos, Not Proven Crimes

More than 200 Venezuelans were deported by the Trump administration in February under a rarely used 18th-century law. The justification? Alleged gang affiliations—often based on nothing more than visible tattoos. Many of these individuals were asylum seekers, artists, or young people with no criminal records, raising alarm over the misuse of tattoos as “evidence” of gang membership.


The Legal Justification: The Alien Enemies Act of 1798

In a controversial move, President Trump used the Alien Enemies Act—a law passed in 1798 during wartime—to justify deporting hundreds of Venezuelans accused of being members of the Tren de Aragua gang.

  • A federal judge later ordered the flights turned around.
  • The administration claimed the written court order came “too late” to stop deportations already in progress.

“These are criminals … drug dealers at the highest level,” Trump said. But immigration attorneys, families, and human rights groups have said otherwise.


Who Were the People Deported?

Many of those targeted had no criminal history, and were detained solely because of their tattoos.

Examples Include:

  • A tattoo artist who entered the U.S. legally seeking asylum.
  • A teen in Dallas with a generic tattoo he got “because it looked cool.”
  • A 26-year-old man whose tattoos were unrelated to any gang, according to his wife.
  • An LGBTQ+ artist whose tattoos were mistaken for criminal symbols.

“Our client worked in the arts and had benign tattoos,” said immigration attorney Lindsay Toczylowski. “ICE used them as false evidence of gang affiliation. We never even got the chance to prove otherwise.”


The Misuse of Tattoo Imagery in Immigration Enforcement

U.S. immigration officers sometimes use tattoos—especially visible ones—as “evidence” of gang involvement, even when there’s no supporting proof.

Aaron Reichlin-Melnick of the American Immigration Council wrote:
“We’re seeing innocent men detained and deported for having tattoos, not for committing crimes.”


Case Highlight: Anuel AA Lyrics Misinterpreted

Aguilera Agüero, one of the deported men, had a tattoo that read “Real Hasta La Muerte” (“Real Until Death”)—a lyric from Puerto Rican rapper Anuel AA, who is himself a Trump supporter.

  • His family says he’s a barber with no criminal ties.
  • Others say he was deported directly to El Salvador’s mega-prison, where human rights abuses have been widely documented.

The Bigger Picture: Are Tattoos Grounds for Deportation?

U.S. Immigration Law & Tattoos

While U.S. immigration law doesn’t ban tattoos, it does allow denial of entry or deportation if officials have “reason to believe” a person is engaged in unlawful activity, such as gang membership.

Legal Reference:
Immigration and Nationality Act, Section 212(a)(3)(A)


Could Your Tattoo Be a Problem for Immigration?

Yes—but it depends on the tattoo and the context.

Risky Tattoos (Even If Innocent):

  • Numbers like 13, 14, 18, 88 (linked to MS-13 and white supremacist groups)
  • Three dots in triangle, especially near the eyes or hands
  • Clown faces, teardrops, crowns, and “sur” or “norte” text
  • Letters like “EME” (Mexican Mafia) or “ALKN” (Latin Kings)

Even benign tattoos—such as initials, symbolic dates, or popular song lyrics—can be misinterpreted.

See: FBI Gang Tattoo Guide (PDF)


Medical Exams and Tattoo Checks During Immigration

For most immigrant visa or green card applicants, a medical exam is required. During this exam:

  • Tattoos are noted and photographed
  • In Ciudad Juárez and some consulates, black lights are used to find removed or hidden tattoos

Covering up or removing tattoos may raise suspicion unless accompanied by an explanation.

Example: If you have a tattoo of your daughter’s name and birthday, bring her birth certificate to show its personal meaning.


What You Can Do If You’re Concerned

Steps to Protect Yourself:

  • Know the meaning of your tattoo and how it may be perceived.
  • Avoid gang-affiliated symbols, even if used for personal or cultural reasons.
  • Document the story behind the tattoo—include photos, certificates, or witness letters.
  • Consider consulting:
    • An immigration attorney
    • A tattoo historian or gang expert

Visual Guide: Common Tattoos Misinterpreted by Immigration Authorities

Symbol

Perceived Meaning

Actual Meaning (if known)

13 or XIII MS-13 gang Also the 13th letter “M” or personal number
Clown face Latin gang symbol Could represent family in the circus
Teardrop Criminal record Sometimes tattooed for grief or loss
Crown (5-pointed) Latin Kings May also appear in pop art
“Sur” / “Norte” Sureños/Norteños Can also refer to geography

International Concerns: U.S. Losing Trust Abroad

Several countries are condemning recent deportations and issuing updated travel advisories:

Country

Response

Germany Warns that visa approval does not guarantee U.S. entry
UK Travelers may face detention if immigration rules are violated
Canada Concern over arbitrary detention of citizens
Venezuela Denounced deportations to violent prison conditions

Tattoos Alone Should Not Equal Guilt

The recent mass deportation of Venezuelans based on tattoos raises serious concerns about racial profiling, due process, and the misuse of outdated legal statutes. While tattoos can carry cultural, artistic, and personal meanings, they’re increasingly being used as justification for detention or deportation—without evidence of actual criminal behavior.

Key Takeaway: If you’re applying for a visa or entering the U.S., and have tattoos—especially ones with ambiguous or misunderstood imagery—take proactive steps to document their meaning and seek legal support.

FAQs for International Visitors Concerned About Entering the U.S.


✈️ BEFORE YOU TRAVEL

1. Do I need a visa to enter the U.S.?

  • Yes, unless you’re from a Visa Waiver Program (VWP) country. Even then, you must apply for ESTA (Electronic System for Travel Authorization).
  • Tip: Check U.S. State Department website to verify what type of visa or travel authorization you need.

2. What is ESTA and can it be denied or revoked?

  • ESTA is required for travelers under the VWP.
  • It can be denied or revoked without explanation.
  • Even with ESTA approval, you can still be denied entry at the port of entry.

3. Can a visa or ESTA guarantee entry into the U.S.?

  • No. CBP officers have full discretion to admit or deny any traveler at the border.

4. Should I book a return or onward ticket?

  • Yes. A return/onward ticket is often requested as proof you don’t plan to overstay.
  • Not having one is a red flag for CBP.

5. What documents should I carry?

  • Passport (valid 6+ months).
  • Visa or ESTA approval.
  • Return/onward ticket.
  • Hotel reservation or invitation letter (if staying with someone).
  • Proof of employment, financial means, or reason for visit.
  • Any correspondence or event registration for business or conferences.

🧳 ARRIVING IN THE U.S.

6. What happens during U.S. immigration inspection?

  • Primary inspection: Brief questions and document checks.
  • Secondary inspection: More detailed questioning or baggage searches.
  • You can be detained here even with valid travel documents.

7. What kind of questions will CBP ask?

  • Purpose of visit.
  • How long you plan to stay.
  • Where you’re staying.
  • How much money you’re bringing.
  • Whether you’ve been to the U.S. before.
  • Whether you plan to work, study, or marry.

8. What if I don’t speak English well?

  • CBP must provide an interpreter if needed, though delays may occur.
  • Do not guess your answers. Ask for translation help if you’re unsure.

9. Can I be asked to show my phone, laptop, or social media?

  • Yes. CBP can search electronic devices without a warrant or suspicion.
  • They may ask for passwords or access to social media apps.

10. Do I have to unlock my phone?

  • You can refuse, but refusal may lead to denial of entry.
  • U.S. citizens cannot be denied entry, but foreign nationals can.

11. Can CBP ask about my political views or religion?

  • Yes, and they sometimes do.
  • You are not legally required to answer, but refusing may trigger more scrutiny or denial of entry.

🚩 HIGH-RISK TRAVELERS AND RED FLAGS

12. Who is more likely to be flagged by CBP?

  • People from certain countries (especially Muslim-majority).
  • Those with past visa denials or overstays.
  • People with minimal ties to their home country.
  • Solo travelers, especially young adults.
  • Visitors carrying little luggage or cash.
  • Frequent U.S. visitors on tourist visas.
  • Anyone with activist or journalist profiles.

13. Will tattoos or piercings raise suspicion?

  • Sometimes. CBP has been known to associate tattoos with gang affiliation or criminal activity.
  • Tattoos in certain fonts or languages (e.g., Spanish script, gang-related symbols) may be flagged.
  • Piercings, dress, or appearance should not be grounds for denial, but can factor into profiling.

14. Can being LGBTQ+, politically active, or an influencer affect my entry?

  • Possibly. If your social media includes content that CBP views as immigration fraud, political dissent, or commercial activity (e.g., brand sponsorships), you could be denied.
  • LGBTQ+ identity alone should not be a reason for refusal, but bias has occurred.

🧷 IF YOU ARE DETAINED OR DENIED ENTRY

15. Can CBP detain me without charging me with a crime?

  • Yes. CBP can detain and question you for hours without formal arrest.
  • You may be held in secondary inspection for questioning and searches.

16. Do I have the right to a lawyer at the border?

  • No. Foreign nationals do not have a right to legal representation during CBP inspection.
  • You can ask to contact your embassy or consulate, which is highly recommended.

17. What is expedited removal?

  • It’s when CBP immediately deports you without a hearing.
  • You can be banned from the U.S. for 5 years or more.
  • Appealing expedited removal is extremely difficult.

18. Can I reapply or appeal if I’m denied entry?

  • No formal appeal process exists for port-of-entry denials.
  • You may reapply for a visa in the future but must disclose past denial.

📱 DIGITAL PRIVACY & PERSONAL CONDUCT

19. Should I delete social media or content before travel?

  • Deleting accounts before travel can raise suspicion.
  • It’s better to set profiles to private and remove content that could be misinterpreted (e.g., political posts, memes about U.S. politics, posts about work).

20. Can CBP check my private chats or email?

  • Yes. They can browse through WhatsApp, Signal, DMs, etc.
  • If content appears to suggest work, migration intent, or illegal activity, you may be denied.

📆 AFTER ENTRY & FUTURE TRAVEL

21. Will my entry be noted or affect future visits?

  • Yes. CBP keeps records of every entry, denial, or detention.
  • Any previous issue can result in more scrutiny on future visits.

22. Can I apply for a visa after being denied entry with ESTA?

  • Yes, but be honest about the previous denial.
  • You may face tougher questions or delays.

23. Will changing my passport help avoid flags?

  • No. U.S. systems track biometric and identity information.
  • Even if you change your name or passport, you are still in the system.

🛡️ HOW TO PREPARE & PROTECT YOURSELF

24. How can I reduce my chances of problems at the border?

  • Bring strong evidence of your ties to your home country: job, school, property, family.
  • Be respectful, calm, and consistent in your answers.
  • Avoid bringing misleading or contradicting documents.
  • Do not lie or hide past U.S. visits or visa denials.

25. Can I travel with a lawyer’s contact info or legal letter?

  • Yes. You can carry a “Know Your Rights” card or a lawyer’s letter.
  • It may not help during CBP inspection, but it shows you are prepared and serious.

26. What can I do if I’m treated unfairly or harassed by CBP?

  • After your entry or removal, you can file a complaint with:
    • DHS Office for Civil Rights and Civil Liberties.
    • CBP INFO Center.
    • Your country’s consulate or embassy.
  • Document as much as possible afterward.

🧭 RARELY ASKED BUT IMPORTANT

27. Can I be penalized for having done unpaid internships or volunteer work in the past?

  • Yes. If CBP believes you engaged in unauthorized employment, even if unpaid, it could be grounds for inadmissibility.

28. What if CBP thinks I’m trying to immigrate?

  • They can deny entry if they believe your true intent is to immigrate and not return.
  • Bring documents proving your temporary visit and strong ties back home.

29. Do I need travel insurance?

  • It’s not required, but highly recommended.
  • Medical emergencies in the U.S. are expensive and lack of insurance may raise concerns about financial preparedness.

30. Can I be denied for bringing too much cash?

  • Not for the amount, but if you’re carrying more than $10,000, you must declare it.

Failure to declare can lead to seizure of funds and legal trouble

Final Thoughts: What This Means for International Travelers

Whether you’re traveling for tourism, work, or visiting loved ones, it’s clear the rules are evolving. Even legal entry may not shield travelers from detention, removal, or trauma.

Tips Before Traveling to the U.S.:

  • Avoid brief border crossings during visits (e.g., driving to Mexico or Canada) if you’re on a tourist visa or VWP.
  • Print out your ESTA or visa confirmation.
  • Be prepared to explain your trip in clear terms.
  • Avoid statements that could be interpreted as living in the U.S. while on a tourist permit.
  • Carry contact information for an immigration attorney.

Recommendation: Use the DHS Traveler Redress Inquiry Program (TRIP) if you’ve been unfairly detained or believe you’re on a watch list.


Conclusion: A New Era of Travel Scrutiny

What was once a routine border crossing for citizens of trusted U.S. allies is now a source of uncertainty and risk. The shift in immigration enforcement is not just about paperwork—it’s about how power is exercised at the border.

“Nobody is safe anymore to come to America as a tourist,” Sielaff said.

As travelers weigh the risks, it’s clear that border encounters are no longer just procedural—they can be life-altering.

 

CONSULT RICHARD HERMAN

In a world where U.S. immigration rules are constantly shifting—and enforcement can be unpredictable—traveling as a visitor, student, or worker is no longer as straightforward as it once was. Mistakes, misunderstandings, or even minor inconsistencies can result in denied entry, visa cancellations, or long-term immigration consequences. That’s why consulting with Attorney Richard Herman isn’t just a smart choice—it’s your safeguard.

With decades of experience, a deep understanding of both the law and real-world enforcement trends, and a fierce commitment to protecting your rights and future, Richard Herman offers more than just legal advice—he offers peace of mind. Whether you’re planning your first trip or have traveled before and now face new concerns, don’t take chances.

Talk to Attorney Richard Herman before you travel—because when it comes to your future in the U.S., being prepared is everything.

Call:  216-696-6170

Schedule Consult Online

 

 

Know Your Rights Resources


Scholars at Risk scholarsatrisk.org Academic freedom protections
Human Rights Watch hrw.org International rights monitoring
Global Affairs Canada travel.gc.ca Consular support for Canadians abroad

. Immigration Equality immigrationequality.org LGBTQ+ immigrant legal help

Resources for Help:


View latest advisories:

·        Germany – Foreign Ministry

·        UK Foreign Office – Travel to the USA