What Travelers Should Know Before Entering the US, According to Immigration Experts
Some travelers heading to the United States in 2025 are finding themselves caught in the crosswinds of a rapidly changing political and security landscape.
Under a sweeping wave of executive actions by the current administration, driven by its broader efforts to tighten immigration policies and address concerns about national security, the US border experience has transformed almost overnight. International visitors have reported more stringent passport inspections, in addition to warrantless searches and questioning at the border.
Dana DiRaimondo, an immigration attorney with DiRaimondo & Schroeder LLP, says that while instances of visitors, visa holders, or green card holders being turned away or detained by US border patrol remain rare, 'Customs and Border Protection (CBP) is increasing scrutiny on all individuals entering the United States.'
'What will or will not trigger admissibility issues, possible detention, and potential removal from the United States is still a bit of a guessing game,' she says.
Whether you're visiting the US for business, tourism, or to see family, here's what you need to know to be prepared right now.
At the bare minimum, all travelers should ensure they possess a valid passport and, if required, an appropriate visa. Travelers from Visa Waiver Program countries who are staying in the US for less than 90 days should ensure they have a valid Electronic System for Travel Authorization (ESTA) registration. Others will need a valid B-1/B-2 visa stamp in their passport.
According to immigration attorneys, some of the most common reasons travelers might be denied entry are incomplete or inaccurate visa applications, previous immigration violations (such as overstaying a visa), certain crimes (in the US or abroad), and inconsistency between what you say you will be doing and items on your person or phone that suggest you'll actually be doing something different (i.e., coming to visit a relative but there are work boots and tools in your suitcase).
'Travelers should ensure that they understand the limitations on their stay (what they can and can't do as a visitor and how long they can stay) and strictly adhere to the visa requirements they are traveling on,' says DiRaimondo.
Alka Bahal, an immigration attorney at Corporate Immigration Services, adds that travelers should be prepared to explain to CBP what they plan to do while visiting the US, where exactly they will be, and any other trip details at the point of entry.
'If traveling as a business visitor, it's helpful to have letters from the US organization you'll be meeting with and an itinerary of meetings or events to confirm that you are entering for business purposes and not for work that the US would consider employment,' Bahal says.
The Canadian government has recently warned its citizens to 'expect scrutiny at ports of entry, including of electronic devices' upon entering the US. According to Bahal, there have been reports amongst their clients that more detailed and thorough inspections (including questioning that may be more intensive now than in the past) have become more frequent under this administration.
Esha Bhandari, deputy director of the ACLU Speech, Privacy, and Technology Project, says that CBP has broad authority to question anyone coming into the country and search luggage, phones, and laptops—even without a warrant, regardless of immigration or citizenship status. That means they can scroll through your photos, emails, texts, or apps—anything on devices is fair game. 'You can state you don't consent to a search, but this likely won't prevent Customs and Border Protection (CBP) from searching your phone,' Bhandari explains.
To protect your privacy, the Bhandari says visitors may want to consider using a travel-only smartphone or laptop that doesn't contain private or sensitive information. Or, travelers can choose to encrypt their devices with a strong and unique password and turn them off before crossing the border. If an agent asks for your password, you are not legally required to provide it, although that may result in your device being held for weeks or months. For people who are not citizens or green card holders, declining to provide a password could also result in US border patrol officials denying you entry to the country.
Marina Shepelsky, an immigration attorney at Shepelsky Law Group, also recommends backing up your data and minimizing sensitive information on your device before traveling. 'There is sensitivity around any texts or social media posts that may criticize the Trump administration or its policies right now,' she says. 'Border agents can scrutinize this information during searches and may use it against travelers to deny entry, expedite removal, or impose bans on future visits.'
All travelers to the US are required to be inspected for admission, which often means some routine questioning and screening. However, travelers with any 'red flags' in their background (a prior immigration violation, an unusual pattern of travel to the US, or a prior issue with CBP) would make someone more susceptible to increased scrutiny, including being sent to secondary inspection for more in-depth questioning, and in some instances, could cause potentially someone to be denied entry or even detained.
'In all cases, always remain calm and polite,' Bahal says. 'You can ask for reasons why, and if you do not feel that the officer has made a correct decision, you can ask to speak with a supervisor. Whether any such request will be granted depends on the interviewing officer and the facts at hand.'
Historically, for non-serious issues like a determination that a traveler did not have the proper visa, DiRaimondo says the individual was permitted to withdraw their application for admission and return to their home country via the next available flight. Recently, however, her firm has heard more frequent reports of travelers being refused entry by CBP and placed in ICE detention for several days or even weeks prior to being removed.
'While these instances are still extremely rare when compared to the number of travelers entering the US each day, it is a shift from what we'd historically see and could certainly have a chilling effect on non-essential travel to the US,' DiRaimondo says, adding, 'If you are detained, you should ask to speak to your lawyer. Because you don't have the right to a public defender in these situations, it's important to have the contact information of an immigration attorney available and on call.'
At the very least, Shepelsky says to let close family or friends know your travel details in case anything unexpected happens at the border. 'If you're detained or questioned for an extended period, having someone who can reach your attorney quickly can make a big difference,' she adds.
Originally Appeared on Condé Nast Traveler
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