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When entering the USA, you have to know the following about your rights.

Since Donald Trump returned to the White House, he has carried out the Hardline immigration policy, which he promised on the campaign path.

Trump’s government sent immigrants to the Guantánamo Bay Naval Base in Kuba with little access to legal advisors and pulled out two pro-Palestinian academics for deportation. The administration failed to return EL Salvador-Ail-consecrated deportation flights under potential violation of a saving of court.

In the past few weeks, however, the immigration authorities have repeatedly imprisoned US-bound tourists at the border that initiated public and diplomatic outrage abroad and the fears of many people in the USA or in the country’s visa.

Examples have made global headlines. A British woman said that the immigration and customs authority (ICE) arrested for three weeks after a confusion on the US border. The Canadian businesswoman and actor Jasmine Mooney said she was arrested by ice for two weeks. Jessica Brösche, a 29-year-old tattoo artist from Germany, was held in immigration authorities for six weeks before returning home.

There is suspicion that in some cases people have been rejected about anti-trump views. Among them is a French scientist who was denied the entry after immigration officers had found news on his phone at an airport who were critical, said the France Minister of Higher Education.

Since serious concerns grow whether visitors can travel safely to the USA without being afraid of the detention of immigration, you will find a short guide for the rights of international visitors.


I have valid travel documents. Can customs officials stop and search me?

Yes. US customs officers can stop at entry points to assess whether they can come to the USA. According to the Pennsylvania ACLU, you can search the belongings of travelers for smuggling goods.

You can do this, even if you or your things have nothing suspicious. You must not search for customs agents or carry out another inspection, “based on their religion, breed, national origin, gender, ethnicity or political beliefs”.


What about my cell phone?

The government claims that its authority to search for travelers without an individual suspicion also includes the search for electronic devices, including mobile phones and laptops. Nevertheless, this claim remains “a controversial legal problem,” said the ACLU. Customs officers have temporarily asked the travelers to give them their telephone or laptop passwords if they went to or from the USA.


What if I refuse to unlock my devices?

The citizens of the United States cannot be refused if they refuse to provide passwords or unlock their devices. However, if you refuse, this could lead to a delay, even more survey and customs officials who take your phone for further inspection.

This should also apply to us lawful constant residents who were previously approved in the USA and maintain their immigration status, since their green cards “cannot be revoked before an immigration judge”. For Visa owners and travelers from countries in Visa waiver, there is a risk that they will be refused to enter if they refuse to unlock devices, said the ACLU.


If my country is in the Visa reference program, can I enter?

In general, the Visa reference program enables citizens of around four dozen countries to enter up to 90 days without a visa for tourism or business. The citizens of the United States can again drive up to 90 days in program countries.

However, travelers from the countries of the Waiver program still need a valid electronic system for approval for travel liability (ESTA) before they come here at least 72 hours before the flight, explains the New York Times.

The difficult part is that after January 12, 2021 after January 12, 2021, you cannot get ESTA if you traveled to certain places, said the Times. A tourist visa is necessary without Esta.


I have an ESTA. Does that mean I can work?

Visitors who come to the United States with an ESTA are likely to study permanent work or study. ESTA visitors also give up many rights, such as the right to combat deportation – which means that people who travel with an ESTA could be confronted with an “mandatory detention”, said the Times.


Does a visa allow me to work?

In the United States there are three types of visas for non-immigrant visitors. There is a visitor that enables a temporary entry for business purposes, a tourism visa and a visa for economy and trips.

The three visas last until a decade, but visitors with these visas can stay in the United States for a maximum of six months. Among other things, visitors with these visas may not study permanent work or studies or, according to the New York Times, get involved in paid services.

Even if your documents are okay, this does not guarantee approval to the United States. According to the Ministry of Foreign Affairs, customs officials have “authorized or refuse approval to the United States”.


What happens when I am detained?

Civil rights representatives now suggest that visitors in the United States, especially people who are not citizens, bring information to call a lawyer for immigration lawyers or emergency contact if they encounter problems. “The stories are definitely worrying,” said Noor Zafar, head of the ACLU immigration law project, the Washington Post.

Zafar said reported that travelers were imprisoned, be it advisable to keep the instructions from the immigration officers – and to get in touch with a lawyer immediately.


So what rights do I actually have?

Visitors to the United States have the right to remain silent. The decision to do this at an entry point could endanger the entry.

If a customs agent asks a visitor with a tourist visa whether he would go to work during his stay and this person does not answer, this can lead to the entry.

If a visitor is not allowed to enter the USA, he can “withdraw” his intention and return home. Usually your visa is canceled and you fly back immediately.

However, an officer was able to refuse this withdrawal and capture the visitor. This is because these encounters take place technically outside the United States and the protection of the constitution does not apply. As a result, prisoners do not automatically have the right to a lawyer in this situation.


How does it work?

“If you are a foreign national, first understand that you are not affected, even though you are physically on US floor until you are properly approved,” said lawyer Michael Wildes, businessman of Wildes and Weinberg and Professor at the Cardozo School of Law.

“It is an art duration when they are completely included in the United States,” he said. If a person lands on the US floor but is not technically approved, they are regarded as a “incoming alien”.

“You have larger rights than criminals than a foreign national with a visa.”

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