Travellers report detentions, questioning at US borders amid Trump immigration crackdown

ICE and Customs and Border Protection (CBP) did not immediately respond to requests for comment.

As US President Donald Trump’s administration intensifies its immigration enforcement agenda, reports are emerging of travellers being questioned, detained, or denied entry at US ports of entry, raising concerns over legal protections and the rights of those entering the country, as reported by The Washington Post.

Incidents have involved legal permanent residents and foreign nationals, including families from Germany and the United Kingdom, who have reported being placed in Immigration and Customs Enforcement (ICE) detention facilities over visa discrepancies. ICE and Customs and Border Protection (CBP) did not immediately respond to requests for comment.

“This is a period of more aggressive policies being implemented at the border,” said Noor Zafar, a senior staff attorney with the ACLU’s Immigrants’ Rights Project. “That requires people to take extra precautionary measures.”

Who can be denied entry? 

US citizens cannot be denied entry. Lawful permanent residents cannot be deported or lose status without a hearing. Foreign nationals and visa holders, however, are subject to CBP’s discretion and can be denied entry.

What precautions should travellers take? 

Zafar advises noncitizens to carry contact information for an immigration attorney. Travellers should also be aware that their electronic devices may be searched, according to Esha Bhandari, deputy director of the ACLU’s Speech, Privacy, and Technology Project.

What questions can border officials ask? 

US citizens and green card holders must answer questions about their identity and immigration status, though refusal to answer other questions could delay entry. Noncitizens may be denied entry if they decline to answer questions from officers.

Are electronic devices subject to search? 

All travellers can have their electronic devices searched by CBP officers. While travellers are not legally required to unlock their devices, refusing to do so could result in detention or denial of entry for noncitizens, and seizure of the device for US citizens. CBP states that electronic searches are rare, occurring in less than 0.01 percent of international arrivals in 2024. Officers can hold devices for up to five days, or longer under extenuating circumstances. If a device is seized, travellers should request a custody receipt.

What kinds of searches are conducted? 

CBP conducts two types of electronic device searches. A basic search involves manual inspection without using external tools and does not require suspicion. An advanced search involves using external equipment to copy or analyse data, and requires reasonable suspicion and managerial approval.

What about sensitive or protected information? 

CBP policy states that officers should handle sensitive information, such as medical records or protected journalist materials, in accordance with applicable federal laws. Travellers should alert officers if their devices contain legally protected data.

What should travellers do if detained or denied entry? 

If detained or denied entry, Zafar recommends that travellers comply with officer instructions and seek legal counsel as soon as possible.