{"id":26741,"date":"2025-04-17T05:50:17","date_gmt":"2025-04-17T05:50:17","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/26741\/"},"modified":"2025-04-17T05:50:17","modified_gmt":"2025-04-17T05:50:17","slug":"immigration-lawyers-provide-advice-for-australians-facing-us-border-security","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/26741\/","title":{"rendered":"Immigration lawyers provide advice for Australians facing US border security"},"content":{"rendered":"

If you are planning a trip to the United States, consider taking a temporary or disposable\u00a0“burner” phone, printing out bank statements and creating detailed itinerary plans.<\/p>\n

These are some of the tips immigration lawyers say could help when facing scrutiny from US border security.<\/p>\n

They also warn about getting “entrapped”, and admitting to activities such as illicit drug use.<\/p>\n

As the Trump administration continues its immigration crackdown, fears have been growing about “enhanced vetting” at airports.<\/p>\n

No visa guarantees entry into the US, and border officials have broad powers to detain non-citizens and turn them away.<\/p>\n

Lawyers warn ‘hype is real’<\/p>\n

There have been reports in recent weeks of Australians being held for several hours at US airports before being sent home.<\/p>\n

Academics have cancelled trips<\/a> to major US conferences over concerns of being detained.<\/p>\n

Tourists cancelling US trips amid ‘scary’ border security crackdown<\/a><\/p>\n

As the Trump administration continues its crackdown on border security, more Australians appear to be avoiding the US.<\/p>\n

And there are warnings that gender-diverse Australians may face visa delays following US President Donald Trump’s executive order to only recognise male and female sexes.<\/a><\/p>\n

Lachlan, an Australia living in New York since 2017, said it was a strange time in the US.<\/p>\n

Fear was growing among green card and visa holders as stories of “nasty treatment” by border officials mounted.\u00a0<\/p>\n

The 42-year-old, who asked not to use his real name, has cancelled plans to visit Sydney in July.\u00a0<\/a><\/p>\n

“I have a whole life and home here. There’s a chance I could never see that again,” he told the ABC.<\/p>\n

“I am trying to not let the sensational aspect dominate my life, but I do have to realistically factor it all in now.”<\/p><\/blockquote>\n

\"Donald<\/p>\n

Travellers are being warned not to be outspoken about the Trump administration on social media. (Reuters: Nathan Howard)<\/p>\n

Mr Trump’s immigration executive order calls on border protection officials to implement “enhanced vetting and screening for all foreign nationals intending to enter, or already present in, the United States”.<\/p>\n

Melissa Vincenty, managing director of Worldwide Migration Partners, said authorities always had the ability to search travellers’ devices and ask probing questions.<\/p>\n

But there was now more focus on those layers of scrutiny.<\/p>\n

“The hype is real,” she told the ABC.<\/p>\n

“They’re digging deeper than they have been in the past.”<\/p><\/blockquote>\n

\"Close<\/p>\n

US Customs and Border Protection officials have been encouraged to use “enhanced vetting” at ports of entry. (Reuters: Kevork Djansezian)<\/p>\n

The Australian government Smartraveller website updated its travel advice for the US earlier this month.<\/p>\n

It warns that entry requirements are strict, and travellers should understand “all relevant terms and conditions” before attempting to enter the US.<\/p>\n

But no matter which visa you are travelling on, border protection officials have wide-ranging discretion to refuse entry.<\/p>\n

That includes Australians visiting under the visa waiver program, more commonly known as ESTA <\/a>(Electronic System for Travel Authorisation).\u00a0<\/p>\n

“Customs and Border Protection have complete control over who comes in and out of an entry point,” Ms Vincenty said.<\/p>\n

“They can deny entry for any reason, or no reason.”<\/p><\/blockquote>\n

What to expect<\/p>\n

Will a visitor overstay their visa and remain in the country? Will they work illegally?<\/p>\n

These are the key questions immigration officials are seeking to answer when screening travellers, Ms Vincenty said.\u00a0<\/p>\n

Whisked away and facing deportation, this man could become a thorn in Trump’s side<\/a><\/p>\n

The Trump administration has drawn pushback for attempting to deport a permanent resident under an obscure and untested Cold War-era statute. Here’s what to know.<\/p>\n

In the past, most Australians would have been asked the purpose of their visit, if they had enough funds for their stay, and proof of a return flight.<\/p>\n

Now, officials might do further screening to check information, such as calling contacts in the US to verify accommodation plans, Ms Vincenty said.\u00a0<\/p>\n

They may also request to check a traveller’s phone and other devices, and look through text messages, emails and social media accounts.<\/p>\n

If you don’t provide access, you could be refused entry.<\/p>\n

The Australian Civil Liberties Union said the least travellers could do was enter their own passwords rather than citing them to border patrol agents.\u00a0<\/p>\n

\"A<\/p>\n

A traveller has his fingerprints scanned at the international travel entry point at JFK International Airport in New York. (Reuters: Shannon Stapleton)<\/p>\n

Sherwin Noorian, principal lawyer at Globalised, a US immigration law practice in Melbourne, said it was important to play by the rules and exercise more caution than usual.<\/p>\n

“Frankly, a lot of Australians do bend the rules of the visa waiver program, and some of them get caught and sent back,” he said.\u00a0<\/p>\n

“But from time to time, things do go wrong \u2026 an overzealous officer may choose to give someone a hard time and just refuse them entry.”<\/p>\n

‘No rights’ for detained visa holders\u00a0<\/p>\n

When detained and questioned, “in terms of the rights, there’s not many for a non-citizen,\u201d Mr Noorian said.\u00a0<\/p>\n

In most cases, if a traveller is refused entry, they will be kept at the airport until a flight back home is available.\u00a0<\/p>\n

But there have been reports of some tourists being taken to US immigration detention centres.<\/p>\n

The head coach of the Australian mixed martial arts team claimed he spent 24 hours in an American jail when immigration officials detained him for a visa “mistake”.<\/p>\n

In an Instagram post last week, Renato Subotic said he was stopped at the border on his way to coach a seminar.<\/p>\n

\"Travellers<\/p>\n

Travellers are generally detained at the airport and placed on flights back home if refused entry to the US. (AP: David Zalubowski)<\/p>\n

Mr Noorian said he did not know all the details of the incident.<\/p>\n

But if Mr Subotic was travelling on an ESTA, his “intended activities” may have been in breach of the requirements.\u00a0<\/p>\n

Even so, being sent to federal immigration detention was unusual.<\/p>\n

“I don’t know what happened there. Maybe there was capacity issues at the airport, or he may have sought a hearing before an immigration judge,” Mr Noorian said.<\/p>\n

Protect personal information\u00a0<\/p>\n

Even before Mr Trump’s visa crackdown, Ms Vincenty would not travel to the US with her usual devices.<\/p>\n

She uses a so-called “burner” phone that does not hold years of personal data and confidential client information.<\/p>\n

Burner phones are often cheap, prepaid mobile phones that can be discarded after use.<\/p>\n

“I can’t risk my device being searched,” she said.<\/p>\n

“Even before the enhanced vetting, I have been suggesting that to travellers.<\/p>\n

“It’s not like you’re trying to hide anything, but do you want a border official to have access to basically your whole life?”<\/p>\n

\"Person<\/p>\n

Travellers have no choice but to allow authorities to access their phones.\u00a0 (ABC News:\u00a0Mark Leonardi)<\/p>\n

Officials have been utilising AI technology to search devices, which scan phones using certain keywords.<\/p>\n

These can return inaccurate results, or find text messages from friends that could be misinterpreted.<\/p>\n

“It’s not a court of law, you do not have any way to dispute it,” Ms Vincenty said.<\/p>\n

“You don’t have any way to say, ‘well, that’s not what I meant in that text.”<\/p><\/blockquote>\n

Be prepared for questioning\u00a0<\/p>\n

Alongside protecting personal information, “now, more than ever, be prepared,” Ms Vincenty added.<\/p>\n

If possible, print out travel documents such as hotel bookings and itineraries, and have a copy of a recent bank statement.<\/p>\n

Trump vows to cancel student visas of pro-Palestine protesters<\/a><\/p>\n

The US president said resident aliens who took part in what he called “pro-jihadist” pro-Palestinian rallies will be deported, in an executive order dismissed as “dishonest” and “unenforceable” by critics<\/p>\n

“I say print things because if you are opening up your phone, they’re are going to say, ‘well, we’ll just take a look at that’,” Ms Vincenty said.<\/p>\n

It was also common to be probed about drug use.<\/p>\n

Mr Noorian said often travellers were refused entry after being “entrapped” by authorities.<\/p>\n

“Many times there will be an attempt to get the traveller to admit to drug use any time in the past, or find evidence of that on their phones or devices,” he said.<\/p>\n

Admitting to smoking marijuana one time \u2014 even in countries where it is legal \u2014 could lead to a traveller being denied entry and barred from the US for life.<\/p>\n

\"KindPeoples<\/p>\n

Marijuana can be bought in stores in the US state of California, but it is still considering illegal at a federal level. (Adam Sanchez)<\/p>\n

There was also scope to exercise caution when discussing political views.\u00a0<\/p>\n

There has been a string of arrests by immigration officials in the US targeting international students who have taken part in pro-Palestinian protests.<\/p>\n

“That remains to be seen for Australians visiting the US \u2026 \u00a0But for anyone who has been an activist in those areas, it’s potentially an area for concern,” Mr Noorian said.<\/p>\n

What to do if refused entry<\/p>\n

Australian Consulate assistance is limited.<\/p>\n

The Department of Foreign Affairs and Trade website states the consulate cannot get Australians out of prison or prevent deportations.<\/p>\n

And it does not “intervene in immigration”.<\/p>\n

Mr Noorian said all they could probably do was help notify people that were looking for you.\u00a0<\/p>\n

\"Tourists<\/p>\n

Entry refusal on some visa may also come with five-year bans on travel the US. (Reuters: Andrew Kelly)<\/p>\n

Being refused entry on an ESTA does not ban you from the US, but you will no longer be eligible for the visa waiver program.<\/p>\n

To re-enter, travellers need to apply for an actual visa.<\/p>\n

Being refused entry on an E-3 visa can be more complicated.<\/p>\n

The E-3 visa is available exclusively to Australian citizens seeking temporary employment in the US in a specialty occupation.<\/p>\n

There is a process called ‘consent to reapply’, where the US consulate can request permission from the Customs and Border Protection agency to lift visa restrictions, Mr Noorian explained.\u00a0<\/p>\n

“That is something that can still occur, even if the person had been told they were banned for five years,” he said.<\/p>\n

It was a “discretionary undertaking” but visas have been re-issued weeks after bans were imposed.\u00a0<\/p>\n

“They then re-entered the country successfully,” Mr Noorian said.<\/p>\n

“So it is possible.”<\/p>\n","protected":false},"excerpt":{"rendered":"If you are planning a trip to the United States, consider taking a temporary or disposable\u00a0“burner” phone, printing…\n","protected":false},"author":2,"featured_media":26742,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5311],"tags":[16251,8517,16254,32,16252,16253,40,5006,5195,183,1757,49,978,659,1236],"class_list":{"0":"post-26741","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-united-states","8":"tag-border-control","9":"tag-deportation","10":"tag-detention","11":"tag-donald-trump","12":"tag-e3","13":"tag-esta","14":"tag-immigration","15":"tag-tourism","16":"tag-tourist","17":"tag-travel","18":"tag-trump","19":"tag-united-states","20":"tag-us","21":"tag-usa","22":"tag-visa"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/114351742901383633","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/26741","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=26741"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/26741\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/26742"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=26741"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=26741"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=26741"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}