Visa Holders Navigate New Scrutiny Entering the US from Abroad

A Brown University professor and H-1B visa holder was deported despite a judge’s order after her phone was searched at Logan airport in Boston. A scientist with the National Center for Scientific Research was denied entry to the US. And green card holders were detained by Immigration and Customs Enforcement after returning to the US from abroad.

This type of treatment of non-citizens at ports of entry is reportedly rising as the Trump administration’s immigration crackdown continues.

Attorneys say immigrants and international travelers should prepare for more intense scrutiny regardless of their visa status. They’re advising foreign workers to take measures like bringing employment documents and using prepaid phones when traveling instead of personal devices, and even reconsidering trips outside the US at all.

“We are telling people that if you don’t have a reason to travel right now, you should not travel,” said Rekha Sharma-Crawford, a partner at Sharma-Crawford Attorneys at Law.

It’s also less certain that even those with valid visas will be admitted to the US, said Sanford Posner, a partner at Pierson Ferdinand LLP.

“It’s always easy to leave,” he said. “Getting back is the issue.”

Circumstance Specific

The Trump administration promised greater scrutiny of admissions as well as a focus on criminals, said Zabrina Reich, a partner at Phillips Lytle LLP. But it’s clear, she added, “it’s not been limited to those circumstances.”

Any individual traveling to a port of entry could face longer waits and more rigorous inspections, she said, which immigrants will have to weigh when making decisions about leaving the country.

“It’s important to have a full understanding of individual circumstances and whether or not travel is going to be a risk,” Reich said.

In the case of the Brown University professor, Customs and Border Protection, a Department of Homeland Security subagency, accused Rasha Alawieh of possessing “extremist materials.” Alawieh, who is Lebanese, had images of Hezbollah leader Hassan Nasrallah downloaded on her phone and disclosed that she attended his funeral in Beirut, an event that drew hundreds of thousands.

CBP said a French scientist was denied entry because he violated a non-disclosure agreement by taking confidential information from Los Alamos National Laboratory on an electronic device without permission. The agency added that one detained German-born green card holder is facing drug-related charges.

Customs and Border Protection Assistant Commissioner Hilton Beckham said in a statement that lawful travelers have nothing to fear from additional vetting.

“However, those intending to enter the U.S. with fraudulent purposes or malicious intent—don’t even try,” Beckham said. “A visa is a privilege, not a right, and only those who respect our laws and follow the proper procedures will be welcomed.”

But immigration attorney Jonathan Wasden said H-1B specialty occupation visa holders are now regularly grilled at ports of entry over their work contracts, especially if they’re employed by consulting firms. In some cases, he said, foreign workers can be found inadmissible because of fraud committed by a former employer that they were never informed of.

If CBP officials make a finding of fraud and put someone in a process known as expedited removal, there’s no option for judicial review of the decision.

“It could be something you’re totally unaware of,” Wasden said. “There’s just no way to protect yourself completely is the reality.”

Safeguards for Travel

Travelers have been deemed inadmissible for similar reasons in prior administrations, said Matt Cameron, an attorney at Cameron Law Offices in Boston. It’s important to distinguish extremely out of the ordinary cases—like student visa holders detained for involvement in protests—from incidents where visa holders may have previously been found inadmissible, he said.

“Most people, especially if they don’t have an arrest history, likely don’t have anything to worry about,” he said. “I don’t want to scare people who don’t have anything to worry about, which has kind of been what Trump wants to do right now.”

But Cameron said there are different standards of law for deporting someone or finding them inadmissible, which has a much lower threshold. A visa holder “might not be deportable, but can be inadmissible,” he said.

Visa holders can take some steps to help ensure they’re admitted without issue. Reich suggested foreign workers should consider bringing a letter confirming their ongoing employment and recent pay stubs. That may seem like overkill, she said, but visa holders “shouldn’t expect the benefit of the doubt is going to be automatic.”

And attorneys say travelers should prepare for the possibility that their phones and laptops will be searched by federal officials. They’re advising visa holders to leave their personal devices if they can and use a prepaid phone traveling abroad.

“Just protect yourself and limit the amount of ammo that you’re giving CBP to go after you,” Wasden said. “They really can’t be trusted to use information that they get for the right purposes.”