Tejal Somvanshi
In recent weeks, several European countries and Canada have issued travel advisories cautioning their citizens about strict U.S. immigration enforcement. These warnings come after multiple incidents of international visitors being detained at U.S. borders despite having seemingly valid travel documents.
What’s Happening at U.S. Borders?
Germany, the United Kingdom, Denmark, Finland, and Canada have all updated their travel guidance, warning citizens to strictly follow U.S. entry rules. The advisories emerged after travelers from these countries were detained and in some cases deported by U.S. immigration officials.
A 28-year-old British woman was recently held at an immigration detention center in Washington State for three weeks after questions arose about her visa status while trying to cross from Canada. Similarly, two German tourists were detained for weeks in San Diego before being deported after attempting to enter from Mexico.
A French scientist was reportedly denied entry after border officials found anti-Trump messages on his phone, according to France’s minister of higher education.
What the Advisories Say
Germany’s Foreign Office warns that having an approved Electronic System for Travel Authorization (ESTA) or visa doesn’t guarantee entry. They emphasize that U.S. border officials make the final decision, and the German government cannot reverse entry denials.
The United Kingdom is telling residents they “may be liable to arrest or detention” if they don’t comply with all entry rules.
Denmark and Finland have specifically updated their guidance regarding gender markers on travel documents, noting that the U.S. now only recognizes two sexes – male and female. Finland’s Ministry of Foreign Affairs specifically cites Trump’s executive order that the U.S. now only recognizes two sexes.
Canada is warning its citizens that those visiting the U.S. for longer than 30 days must register with the U.S. government or face “penalties, fines, and misdemeanor prosecution.”
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Border Search Powers and Traveler Rights
U.S. Customs and Border Protection (CBP) officers have broad authority to search electronic devices without specific suspicion. These searches have increased significantly in recent years.
For international visitors, the legal situation is particularly challenging:
- U.S. federal law gives government agents the right to search people’s property, including phones and laptops, at entry points without suspicion of wrongdoing.
- While all visitors have the right to remain silent, the burden of proof rests with visa holders. Refusing to answer questions can lead to entry denial.
- Constitutional protections don’t fully apply at border crossings, which are technically considered outside the United States.
- Detained visitors don’t automatically have the right to an attorney.
“If you’re a foreign national, first understand you haven’t affected an entry despite being physically on US soil until you’re admitted properly,” says immigration attorney Michael Wildes. “You have greater rights as a criminal than as a foreign national coming with a visa.”
Potential Economic Impact
These developments could affect U.S. tourism. According to the U.S. Department of Commerce, more than 13 million people visited from western Europe alone in 2024, and at least 1.5 million have visited so far this year.
A February report by travel data company Tourism Economics projected that spending by international visitors could “fall by 12.3%, amounting to a $22 billion annual loss” this year. The report specifically noted that “travel from Western Europe, which represented 37% of overseas travel to the US last year, is susceptible to declines” due to current policies.
Travel Advisories – Not the First Time
This isn’t the first time countries have issued travel warnings about the United States, though previous advisories focused on different concerns. In 2019, Uruguay and Venezuela warned citizens about gun violence, with Uruguay citing “growing indiscriminate violence, mostly for hate crimes, including racism and discrimination.” Japan also cautioned its citizens to “be aware of the potential for gunfire incidents everywhere in the United States.”
What Travelers Should Know
For those planning U.S. trips, immigration experts recommend:
- Carrying proof of return travel, such as a plane ticket
- Understanding that ESTA or visa approval doesn’t guarantee entry
- Being prepared for electronic device searches
- Carrying contact information for legal assistance
- Backing up data and carrying minimal information on devices
The State Department spokesperson told NPR, “We will enforce visa rules and other conditions of entry. Prohibiting travel into the United States by those who might pose a threat or violate conditions of their visa is key to protecting the American people.”
Frequently Asked Questions
What documents do I need to enter the United States as a foreign visitor? +
You need a valid passport that won’t expire within six months. Additionally, you’ll need either a visa or an approved Electronic System for Travel Authorization (ESTA) if you’re from one of the 43 countries in the visa waiver program. According to the New York Times, an ESTA costs $21, is valid for two years, and must be obtained at least 72 hours before boarding your flight.
Can U.S. border officials search my phone or laptop? +
Yes. U.S. customs officers have the legal authority to search electronic devices without needing specific suspicion. If you’re a U.S. citizen, you can’t be denied entry for refusing to unlock your devices, but it may cause delays. If you’re a visa holder or traveler from a visa waiver country, refusing could result in being denied entry.
What happens if I’m detained at the U.S. border? +
If detained, you should comply with immigration officers’ directions and try to contact a lawyer immediately. The government has about 90 days to deport people. Following a removal order, you would be barred from entering the U.S. for five years. Unlike inside the U.S., constitutional protections don’t fully apply at border crossings, and detainees don’t automatically have the right to an attorney.
Which countries have issued travel warnings about visiting the U.S.? +
Germany, the United Kingdom, Denmark, Finland, and Canada have all recently updated their travel guidance for citizens visiting the United States. These advisories warn about strict immigration enforcement and the possibility of detention even with seemingly valid travel documents.
Can I work or study in the U.S. on a tourist visa or ESTA? +
No. Visitors with tourist visas or traveling under the visa waiver program (ESTA) are not allowed to study, work a permanent job, perform paid services, work as press, or take up permanent residence. Tourist visas allow stays of up to six months, while the visa waiver program permits stays of up to 90 days.
What should I do to avoid problems when traveling to the U.S.? +
Experts recommend carrying proof of your return travel, being prepared to answer questions about your visit’s purpose and duration, backing up your data and carrying minimal information on electronic devices, and having contact information for legal assistance. Understanding that border officials have final authority on entry decisions is also important.
