Latest news with #deniedentry
Yahoo
5 days ago
- Politics
- Yahoo
Tourist Says He Was Denied Entry To U.S. Over A Seemingly Innocent Photo — And It Could Happen To You
Seeing Vice President JD Vance as a bald, shiny orb can make you laugh ― but can it get you denied entry at a U.S. border? According to one tourist, yes. Norwegian tourist Mads Mikkelsen told Nordlys that he was denied entry at Newark Liberty International Airport in New Jersey on June 11 after authorities searched his phone and found a Vance meme on his phone camera roll, and then proceeded to question him about right-wing extremism and drug smuggling. Mikkelsen later told Nordlys that he did tell border officials he had tried marijuana in Germany and in New Mexico, but did not think this was relevant because they are both places where it is legal. Department of Homeland Security Assistant Secretary Tricia McLaughlin refuted Mikkelsen's allegations about the meme being the reason for his heightened scrutiny. 'Claims that Mads Mikkelsen was denied entry because of a JD Vance meme are FALSE,' she wrote on X. 'Mikkelsen was refused entry into the U.S. for his admitted drug use.' But regardless of Mikkelsen's story, can a political meme on your phone be the reason you get denied entry? Following President Donald Trump's executive order for 'enhanced vetting,' border agents have been using aggressive tactics on legal immigrants and tourists. We were made for this moment. HuffPost will aggressively, fairly and honestly cover the Trump administration. But we need your help. . 'It is absolutely possible that a meme, or an article, or a photograph can be used as the basis for the denial of entry,' said Petra Molnar, lawyer and author of 'The Walls Have Eyes: Surviving Migration in the Age of Artificial Intelligence.' 'Decisions at the border are highly discretionary, made all the more so by the recent push for border enforcement to scrutinize social media for so-called risky behavior,' she continued, citing the State Department's recent plans to screen people applying for visas to the U.S. for perceived 'hostility' toward America, and to ask them to make their social media accounts 'public' for review. 'In this current climate, what may appear as a silly joke can be used as the basis for detention, interrogation, and deportation,' Molnar said. Here's what you need to know when traveling feels riskier than ever. Border agents have wide discretion. U.S. citizens have more protections than tourists and visa holders. Yes, the U.S. government asserts the right to search your electronic devices when you cross U.S. borders, but if you are a U.S. citizen, you cannot be denied entry, no matter what absurd caricatures of Vance you keep on your phone. 'You're an American citizen. They cannot say, 'Oh, you're not coming into your own country.' That's against the law,' explained Sophia Cope, a senior staff attorney at Electronic Frontier Foundation. As a U.S. citizen, you can, however, face interrogations, travel delays or device confiscations for refusing to comply to device searches. 'It might be confiscated for several weeks or months,' Cope said to consider. Meanwhile, visitors and visa-holders have fewer rights than U.S. citizens when they travel to the U.S. and 'are particularly vulnerable to being denied entry, or at the very least may face an unpleasant interrogation with the possibility of having to hand over their devices indefinitely,' Molnar said. Cope said a border agent denying a tourist over a meme is 'ridiculous,' but the Norwegian visitor had no real recourse, because he's a not a U.S. citizen. 'Unfortunately, non-green card holders, non-citizens have almost no leverage to not comply with the request to grant access to their device,' she said. It helps to know what's in your power to refuse. In order to prepare for travel, know your rights about what border agents can and cannot do. Know that they are supposed to put your phone into airplane mode before they start to search it and are not supposed to be looking at cloud-based applications, although there have been reports of people saying their social media accounts were reviewed. 'Disable biometric identification like FaceID, limit automatic cloud access, set up disappearing messages and consider switching to applications like Signal,' Molnar suggested. You can also go one step further and 'consider getting a second phone or not bringing your laptop, or removing materials which could possibly solicit further scrutiny,' she noted. Know that you are not required to share your password to unlock your phone, but visa holders and visitors could be denied entry for their refusal. When asked, neither Customs and Border Protection nor the Department of Homeland Security answered HuffPost questions about Mikkelsen's claim that a border agent told him he would be imprisoned or fined for not sharing his phone passcode. When asked, DHS only redirected HuffPost to McLaughlin's public statement about Mikkelsen being denied entry over drug use. To be clear, Cope explained, there's no legal basis for Customs and Border Protection officials threatening a traveler with jail time and fines for refusing to share a passcode for a device search. 'It's basically, either you're denied entry or your phone gets confiscated,' she said. 'There's no crime there.' There are pros and cons to refusing a device search, and your personal risk is highly contingent on your immigration status. 'People have to balance the privacy invasion of a device search with, do they risk being denied entry? Or do they risk missing a flight or being detained?' Cope said. Ultimately, if you are nervous about what could happen when you travel to the U.S., you are right to feel this way. Consider that 'It seems like this administration is being very touchy about ... people who express opposition to the Trump administration in one way or another,' Cope said. 'And [this JD Vance meme] is the most benign kind of opposition.' 'People are rightly worried about the growing surveillance apparatus in the U.S., which now includes scrutiny over memes and social media content,' Molnar said. She noted that the right to privacy is not just about avoiding scrutiny over wrongdoing but about 'our fundamental right to personal autonomy and freedom from surveillance, rights which are increasingly coming under attack.' The one thing we know for sure: because of this story, Vance memes that make the vice president look childlike or absurd are going to be seen even more, and that's one action this administration does not have the power to control. Related... Does Border Patrol Have The Right To Go Through Your Phone? Here Are The Alarming Facts. The Surprising Reason These Wild JD Vance Memes Keep Spreading Why You Can (And Should) Opt Out Of TSA Facial Recognition Right Now
Yahoo
5 days ago
- Politics
- Yahoo
Tourist Says He Was Denied Entry To U.S. Over A Seemingly Innocent Photo — And It Could Happen To You
Seeing Vice President JD Vance as a bald, shiny orb can make you laugh ― but can it get you denied entry at a U.S. border? According to one tourist, yes. Norwegian tourist Mads Mikkelsen told Nordlys that he was denied entry at Newark Liberty International Airport in New Jersey on June 11 after authorities searched his phone and found a Vance meme on his phone camera roll, and then proceeded to question him about right-wing extremism and drug smuggling. Mikkelsen later told Nordlys that he did tell border officials he had tried marijuana in Germany and in New Mexico, but did not think this was relevant because they are both places where it is legal. Department of Homeland Security Assistant Secretary Tricia McLaughlin refuted Mikkelsen's allegations about the meme being the reason for his heightened scrutiny. 'Claims that Mads Mikkelsen was denied entry because of a JD Vance meme are FALSE,' she wrote on X. 'Mikkelsen was refused entry into the U.S. for his admitted drug use.' But regardless of Mikkelsen's story, can a political meme on your phone be the reason you get denied entry? Following President Donald Trump's executive order for 'enhanced vetting,' border agents have been using aggressive tactics on legal immigrants and tourists. We were made for this moment. HuffPost will aggressively, fairly and honestly cover the Trump administration. But we need your help. . 'It is absolutely possible that a meme, or an article, or a photograph can be used as the basis for the denial of entry,' said Petra Molnar, lawyer and author of 'The Walls Have Eyes: Surviving Migration in the Age of Artificial Intelligence.' 'Decisions at the border are highly discretionary, made all the more so by the recent push for border enforcement to scrutinize social media for so-called risky behavior,' she continued, citing the State Department's recent plans to screen people applying for visas to the U.S. for perceived 'hostility' toward America, and to ask them to make their social media accounts 'public' for review. 'In this current climate, what may appear as a silly joke can be used as the basis for detention, interrogation, and deportation,' Molnar said. Here's what you need to know when traveling feels riskier than ever. Border agents have wide discretion. U.S. citizens have more protections than tourists and visa holders. Yes, the U.S. government asserts the right to search your electronic devices when you cross U.S. borders, but if you are a U.S. citizen, you cannot be denied entry, no matter what absurd caricatures of Vance you keep on your phone. 'You're an American citizen. They cannot say, 'Oh, you're not coming into your own country.' That's against the law,' explained Sophia Cope, a senior staff attorney at Electronic Frontier Foundation. As a U.S. citizen, you can, however, face interrogations, travel delays or device confiscations for refusing to comply to device searches. 'It might be confiscated for several weeks or months,' Cope said to consider. Meanwhile, visitors and visa-holders have fewer rights than U.S. citizens when they travel to the U.S. and 'are particularly vulnerable to being denied entry, or at the very least may face an unpleasant interrogation with the possibility of having to hand over their devices indefinitely,' Molnar said. Cope said a border agent denying a tourist over a meme is 'ridiculous,' but the Norwegian visitor had no real recourse, because he's a not a U.S. citizen. 'Unfortunately, non-green card holders, non-citizens have almost no leverage to not comply with the request to grant access to their device,' she said. It helps to know what's in your power to refuse. In order to prepare for travel, know your rights about what border agents can and cannot do. Know that they are supposed to put your phone into airplane mode before they start to search it and are not supposed to be looking at cloud-based applications, although there have been reports of people saying their social media accounts were reviewed. 'Disable biometric identification like FaceID, limit automatic cloud access, set up disappearing messages and consider switching to applications like Signal,' Molnar suggested. You can also go one step further and 'consider getting a second phone or not bringing your laptop, or removing materials which could possibly solicit further scrutiny,' she noted. Know that you are not required to share your password to unlock your phone, but visa holders and visitors could be denied entry for their refusal. When asked, neither Customs and Border Protection nor the Department of Homeland Security answered HuffPost questions about Mikkelsen's claim that a border agent told him he would be imprisoned or fined for not sharing his phone passcode. When asked, DHS only redirected HuffPost to McLaughlin's public statement about Mikkelsen being denied entry over drug use. To be clear, Cope explained, there's no legal basis for Customs and Border Protection officials threatening a traveler with jail time and fines for refusing to share a passcode for a device search. 'It's basically, either you're denied entry or your phone gets confiscated,' she said. 'There's no crime there.' There are pros and cons to refusing a device search, and your personal risk is highly contingent on your immigration status. 'People have to balance the privacy invasion of a device search with, do they risk being denied entry? Or do they risk missing a flight or being detained?' Cope said. Ultimately, if you are nervous about what could happen when you travel to the U.S., you are right to feel this way. Consider that 'It seems like this administration is being very touchy about ... people who express opposition to the Trump administration in one way or another,' Cope said. 'And [this JD Vance meme] is the most benign kind of opposition.' 'People are rightly worried about the growing surveillance apparatus in the U.S., which now includes scrutiny over memes and social media content,' Molnar said. She noted that the right to privacy is not just about avoiding scrutiny over wrongdoing but about 'our fundamental right to personal autonomy and freedom from surveillance, rights which are increasingly coming under attack.' The one thing we know for sure: because of this story, Vance memes that make the vice president look childlike or absurd are going to be seen even more, and that's one action this administration does not have the power to control. Related... Does Border Patrol Have The Right To Go Through Your Phone? Here Are The Alarming Facts. The Surprising Reason These Wild JD Vance Memes Keep Spreading Why You Can (And Should) Opt Out Of TSA Facial Recognition Right Now
Yahoo
5 days ago
- Politics
- Yahoo
Tourist Says He Was Denied Entry To U.S. Over A Seemingly Innocent Photo — And It Could Happen To You
Seeing Vice President JD Vance as a bald, shiny orb can make you laugh ― but can it get you denied entry at a U.S. border? According to one tourist, yes. Norwegian tourist Mads Mikkelsen told Nordlys that he was denied entry at Newark Liberty International Airport in New Jersey on June 11 after authorities searched his phone and found a Vance meme on his phone camera roll, and then proceeded to question him about right-wing extremism and drug smuggling. Mikkelsen later told Nordlys that he did tell border officials he had tried marijuana in Germany and in New Mexico, but did not think this was relevant because they are both places where it is legal. Department of Homeland Security Assistant Secretary Tricia McLaughlin refuted Mikkelsen's allegations about the meme being the reason for his heightened scrutiny. 'Claims that Mads Mikkelsen was denied entry because of a JD Vance meme are FALSE,' she wrote on X. 'Mikkelsen was refused entry into the U.S. for his admitted drug use.' But regardless of Mikkelsen's story, can a political meme on your phone be the reason you get denied entry? Following President Donald Trump's executive order for 'enhanced vetting,' border agents have been using aggressive tactics on legal immigrants and tourists. We were made for this moment. HuffPost will aggressively, fairly and honestly cover the Trump administration. But we need your help. . 'It is absolutely possible that a meme, or an article, or a photograph can be used as the basis for the denial of entry,' said Petra Molnar, lawyer and author of 'The Walls Have Eyes: Surviving Migration in the Age of Artificial Intelligence.' 'Decisions at the border are highly discretionary, made all the more so by the recent push for border enforcement to scrutinize social media for so-called risky behavior,' she continued, citing the State Department's recent plans to screen people applying for visas to the U.S. for perceived 'hostility' toward America, and to ask them to make their social media accounts 'public' for review. 'In this current climate, what may appear as a silly joke can be used as the basis for detention, interrogation, and deportation,' Molnar said. Here's what you need to know when traveling feels riskier than ever. Border agents have wide discretion. U.S. citizens have more protections than tourists and visa holders. Yes, the U.S. government asserts the right to search your electronic devices when you cross U.S. borders, but if you are a U.S. citizen, you cannot be denied entry, no matter what absurd caricatures of Vance you keep on your phone. 'You're an American citizen. They cannot say, 'Oh, you're not coming into your own country.' That's against the law,' explained Sophia Cope, a senior staff attorney at Electronic Frontier Foundation. As a U.S. citizen, you can, however, face interrogations, travel delays or device confiscations for refusing to comply to device searches. 'It might be confiscated for several weeks or months,' Cope said to consider. Meanwhile, visitors and visa-holders have fewer rights than U.S. citizens when they travel to the U.S. and 'are particularly vulnerable to being denied entry, or at the very least may face an unpleasant interrogation with the possibility of having to hand over their devices indefinitely,' Molnar said. Cope said a border agent denying a tourist over a meme is 'ridiculous,' but the Norwegian visitor had no real recourse, because he's a not a U.S. citizen. 'Unfortunately, non-green card holders, non-citizens have almost no leverage to not comply with the request to grant access to their device,' she said. It helps to know what's in your power to refuse. In order to prepare for travel, know your rights about what border agents can and cannot do. Know that they are supposed to put your phone into airplane mode before they start to search it and are not supposed to be looking at cloud-based applications, although there have been reports of people saying their social media accounts were reviewed. 'Disable biometric identification like FaceID, limit automatic cloud access, set up disappearing messages and consider switching to applications like Signal,' Molnar suggested. You can also go one step further and 'consider getting a second phone or not bringing your laptop, or removing materials which could possibly solicit further scrutiny,' she noted. Know that you are not required to share your password to unlock your phone, but visa holders and visitors could be denied entry for their refusal. When asked, neither Customs and Border Protection nor the Department of Homeland Security answered HuffPost questions about Mikkelsen's claim that a border agent told him he would be imprisoned or fined for not sharing his phone passcode. When asked, DHS only redirected HuffPost to McLaughlin's public statement about Mikkelsen being denied entry over drug use. To be clear, Cope explained, there's no legal basis for Customs and Border Protection officials threatening a traveler with jail time and fines for refusing to share a passcode for a device search. 'It's basically, either you're denied entry or your phone gets confiscated,' she said. 'There's no crime there.' There are pros and cons to refusing a device search, and your personal risk is highly contingent on your immigration status. 'People have to balance the privacy invasion of a device search with, do they risk being denied entry? Or do they risk missing a flight or being detained?' Cope said. Ultimately, if you are nervous about what could happen when you travel to the U.S., you are right to feel this way. Consider that 'It seems like this administration is being very touchy about ... people who express opposition to the Trump administration in one way or another,' Cope said. 'And [this JD Vance meme] is the most benign kind of opposition.' 'People are rightly worried about the growing surveillance apparatus in the U.S., which now includes scrutiny over memes and social media content,' Molnar said. She noted that the right to privacy is not just about avoiding scrutiny over wrongdoing but about 'our fundamental right to personal autonomy and freedom from surveillance, rights which are increasingly coming under attack.' The one thing we know for sure: because of this story, Vance memes that make the vice president look childlike or absurd are going to be seen even more, and that's one action this administration does not have the power to control. Related... Does Border Patrol Have The Right To Go Through Your Phone? Here Are The Alarming Facts. The Surprising Reason These Wild JD Vance Memes Keep Spreading Why You Can (And Should) Opt Out Of TSA Facial Recognition Right Now
CTV News
6 days ago
- CTV News
Canadian man denied U.S. entry ahead of wedding, cites alleged overstay
A Brockville, man says he was denied entry to the U.S. in June, days before he was going to marry his American fiancée. CTV's Tyler Fleming reports. A Canadian man says he was denied entry into the United States just days before he was supposed to marry his American fiancée in a small ceremony in upstate New York. Devin Hayden, a Canadian citizen who lives near Brockville, Ont., says he and his partner, Bridget Ellis, have been in a long-distance relationship for four years, regularly crossing the border to visit one another. 'It's not a long drive,' says Hayden. 'It's about an hour and a half, including the border.' The couple had planned a June 14 wedding at a park in Kent, N.Y., with a handful of family and friends. But when Hayden attempted to enter the U.S. on June 2, ahead of the ceremony, he was stopped and questioned by border officials and ultimately turned away. 'They asked me to go to the office to pick up a form, and I thought I was just picking up a form,' he says. 'It turns out I had what they called an overstay, and I had to exit the country immediately.' Hayden says officers reviewed his travel history dating back to November and flagged him for spending too many days in the U.S. as a visitor. He disputes that claim, saying his time south of the border totalled just 154 days. Typically, a visitor to the U.S. can only stay to a maximum of 180 days per year in total. 'Once I saw them all group up and stuff, I'm like, all right, something is about to happen. And then I kind of prepared myself,' he said. 'But once they stood me up, and took fingerprints and stuff, I was like, okay, this is a little worse than I thought it would be.' Adding to the confusion, Hayden says his Canadian passport was nearing its expiration date at the time of his attempted crossing and the 'reason' was left blank on the official denial of entry form he was given. Ellis, who lives in upstate New York and was with Hayden travelling across the border, says all she could do was sit and watch. 'It was a little nerve-racking,' she said. 'I had to turn around and come back to Canada and drop him off and then go back to the states.' The couple had envisioned a simple outdoor ceremony, something low-key but meaningful. 'We were just going to be doing it outside, like at a park with the birds and everything,' Ellis says. 'And live our life the way we want to.' Jennifer Behm, a U.S. immigration lawyer and partner at Berardi Immigration Law in Buffalo, N.Y., says denials like Hayden's are not uncommon, especially when marriage is part of the reason for a visit. 'They (US border agents) are inspecting every visitor for two things. One is, what is the purpose of your entry to the United States, and two, do you intend to depart the United States when you say you're going to depart,' says Behm. 'And so, if someone shows up and the scale is tipping a little bit more heavily towards really strong U.S. ties, that's going to raise a red flag and they're going to be asking a lot of questions,' she continued. 'There is no law that says you can't come to the United States and get married—they're not breaking the law—it's just all of these other factors and the compounded weight of not being convinced the individual has plans to return to Canada.' Behm adds this is a common occurrence at the U.S. Canada border, and that the border agent's actions are 'business as usual,' emphasizing this situation is not politically motivated and that an agent's perception of intent to stay can often be enough for a denial. 'I'd be shocked if he was permitted to enter as a visitor anytime soon,' says Behm. 'Generally, we tell clients once you've been denied entry to the United State, you have to do the heavy lifting to re-establish really strong ties back to your home country֫—here, that being Canada—to show the officer that, in the future when you do request entry, you've got something to return back to Canada to.' For now, Ellis continues to travel to Canada to see Hayden. Both are trying to stay positive. 'I'm hoping once the new passport arrives maybe I'll be allowed back in,' Hayden says. 'We're working well through it, considering the circumstances. We're making do with what we can right now. It's hasn't torn us apart.'
