World Immigration News

Here’s what you need to know about your rights when entering the US

Release Date
2025-03-22
Media
The Guardian
Summary
Since Donald Trump returned to the White House, his hardline immigration policies have led to increased detentions of visitors, even those with valid visas or green cards. Recently, several foreign nationals have been detained at US borders, sparking public concern and diplomatic issues.

US customs officers have the authority to stop and search travelers’ belongings, including electronic devices like phones and laptops. While they cannot search based on race, religion, or political beliefs, they can inspect devices, and travelers may be asked to unlock them. Refusing to unlock devices could lead to delays or denial of entry, especially for visa holders.

Citizens from countries in the Visa Waiver Program can visit the US for up to 90 days without a visa but must have an approved ESTA. However, travelers who’ve visited certain countries (e.g., Cuba) after specific dates may be ineligible for ESTA and would need a visa instead. ESTA holders cannot work or study in the US.

Visa holders (tourist, business, or other non-immigrant visas) can stay up to six months but are not permitted to work or study. If detained, visitors are advised to comply and contact an immigration lawyer.

If entry is denied, visitors can "withdraw" their intent to enter and return home, though they may be detained instead. Constitutional rights don’t apply at this stage, and detainees may not have immediate access to an attorney.
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