Aussies heading to US warned as Trump Administration detains, deports travellers

Aussies heading to the US are being warned to proceed with caution following a series of reports of travellers getting detained and deported. Here’s what you need to know.

Planning a trip to the States?

Reports of tourists getting detained by the United States Customs and Border Protection officials after making it to American airports has some travellers wondering if they need to proceed with caution.

In the wake of US President Donald Trump’s promise to crack down on illegal immigration, travellers from Germany, the UK and Lebanon have been detained or deported from the US over the past couple of weeks.

While there have been no recent reports of Australians being detained, a number of countries - Denmark, the UK, Germany, Finland and Canada - have issued travel warnings urging their citizens to strictly follow entry rules when travelling to the US.

“I’m hoping that sends a message to Customs and Border Protection that this is going to have a financial impact in the US, and that they clean up their act,” said Greg Siskind, founding partner of Siskind Susser, an American immigration law firm in Tennessee.

The reports of travellers being deported have revived memories of the first Trump administration, when travel bans were quickly implemented. Picture: AFP

For some travellers, recent problems have revived memories of the first Trump administration, when travel bans were quickly implemented.

“After a few months, it seemed like things kind of settled into more normal,” Mr Siskind said.

“Hopefully the same thing will happen now, which was they went back to basically focusing on doing their jobs and not on really trying to pursue some kind of agenda.”

WHAT TO DO BEFORE YOU LEAVE

The first order of advice Anne O’Donoghue, Sydney-based director of Immigration Solutions Lawyers, has for Australians visiting the United States: “Make sure your paperwork is in order”.

In order to enter the United States, Australian citizens are required to have an Electronic System for Travel Authorisation under the Visa Waiver Program. This must be filled out no later than 72 hours before departing. The ETSA is valid for less than 90 days. However, an approved ESTA does not guarantee entry.

Those staying for longer than 90 days will need to apply for a visa from the US Embassy or Consulate.

“US Customs and Border Protection (CBP) officials at the port of entry will determine your eligibility. If CBP denies your entry, you may be held at the port of entry or a nearby detention facility while US authorities arrange your return to Australia (or the last country you visited),” according to Smart Traveller.

Venezuelan migrants are deported as a result of strict US border laws. Picture: AFP

Ms O’Donoghue also recommended travellers be aware of the laws in America. There are huge penalties for people who do not have an appropriate visa.

American citizens cannot be denied entry. Those with dual citizenship must enter the United States with their American passport and re-enter Australia with their Australian passport.

EXERCISE CAUTION

Mr Siskind advised travellers to always tell customs officers the truth.

“Immigration officers, they have quite a lot of insight as far as a person’s travel history and the rest of their lives,” Mr Siskind said.

Even minor violations on prior trips may be cause for detainment or further questioning.

Mr Siskind said staying for the full 90 days or having no return ticket booked is a cause of concern for customs officers. This is because officers may think travellers are planning on staying in the US longer than their visa allows or are planning on working illegally. He said providing a full itinerary with as many details and documentation from an employer is important if travellers are planning on staying in the United States for a long time.

In order to enter the United States, Australian citizens are required to have an Electronic System for Travel Authorisation under the Visa Waiver Program. Picture: AFP

WHAT TO DO IF YOU’RE DETAINED

After getting detained, there may be some time before travellers can contact a lawyer or the consulate.

“The whole issue of borders is becoming a big political issue,” Ms O’Donough said.

She recommended travellers seek access to an immigration lawyer immediately.

BA CAREFUL ABOUT YOUR DIGITAL FOOTPRINT

Be prepared to have your phone searched.

“If an officer wants to search your phone, you don’t have a right to tell them no, it’s not your business,” Mr Siskind said.

Ms O’Donough said it’s important to keep social media accounts clean as well.

Travellers can be denied entry or detained for weeks based on what they’ve posted if it goes against the public interest of the US.

“People have to be a lot more careful what you’re posting on social media,” Ms O’Donough said. “It’s looked at by the authorities.”

Both Ms O’Donough and Mr Siskind said it’s important have social media be consistent with what is being told to immigration officers.

Aussies headed to the US should prepare to have their phone searched.

For example, lying about having a job but posting about a loss in employment is cause of concern for customs officers.

Some people have also gotten in trouble for their politics.

Last week, a professor at Brown University was deported when returning to Boston from Lebanon after she acknowledged she attended a Hezbollah leader’s funeral in Lebanon who was killed by an Israeli air strike.

Hezbollah is a designated terror organisation in the US.

Despite all of this, Mr Siskind thinks most people will be fine.

“The vast majority of people will be able to enter, as they always have,” Mr Siskind said. “Most people are probably not going to notice the difference.”