Share this @internewscast.com
It’s every traveller’s worst fear.
There have been multiple reports of Australian travellers being refused entry into the United States over seemingly frivolous reasons.
Some said they were asked to hand over their phone so officers could download its contents.
One Norwegian man said he was denied entry because he had an unflattering meme of US Vice President JD Vance on his phone.
An Australian writer, Alistair Kitchen, reported last month he was sent home after being interrogated about his blogging on political protests.
He later claimed officials found “evidence of drug use” on his phone and he felt coerced into admitting he had tried drugs in the past.
The threat of being detained and sent back home now lingers for Australians hoping to holiday in the US.
Are immigration officers truly increasing their efforts to prevent Australians and other nationalities from entering the United States under the Trump administration?
But Noorian said travellers should not feel coerced into admitting prior drug use or their political beliefs to an immigration officer.
“The US has stringent laws regarding controlled substances for non-citizens traveling to the country, meaning that even admitting to using marijuana once in one’s home country could be used against the traveler to deny them entry,” Noorian explained.
“There’s a bit of nuance to it and it may not legally stand up, but they can kind of do whatever they want at that point.”
Noorian’s advice is to never “incriminate yourself” if you’ve never been convicted of anything.
He’s also noticed an “anecdotal” rise in reported cases of travellers being detained and their phones confiscated.
While this has always been a practice, he suggests that immigration officers might now be utilizing an “advanced computing system to scan devices for anything they find suspicious or concerning”.
He also said travellers do have a right to refuse a request to give up their phone, but warns this could result in automatic entry refusal.
“It’s a condition of entry, so to speak, that you would hand over that device when asked,” he added.
Noorian said he was aware of reports that travellers were being turned away at the border over phone content that was critical of the Trump administration, including memes or political posts.
He suspected that travellers who were granted an Electronic System for Travel Authorisation (ESTA) visa waiver could be flagged and interrogated at the border for a variety of reasons and sometimes it was not hard to find one that sticks.
“That could be used, especially if they’re high-profile, as a reason to take someone aside to question them and give them a hard time,” he said.
“If they’re those types of officers who, and not all of them are like this, but some would be looking for people who are against the administration or against what they deem to be the US interest, they would use that as a reason to question someone and begin that interview.”
A meme alone wouldn’t be enough to deny entry, Noorian said.
“But through the course of that [interview], they would begin looking for what they can use to build a case to deny entry,” he added.
Noorian said the ESTA, which most Australians use to enter the US, does not guarantee entry.
The first time a traveller is genuinely assessed under an ESTA, he said, is once you land on US soil.
“For most people, they wait until they’re in the country and then they say, ‘OK, we’re going to assess you for your eligibility to enter,'” he said.
“I âthink the Smartraveller advice on this is really quite accurate when they say, be aware that the US authorities have a high level of discretion for visa waiver entries.Â
“It means even more for an Australian traveller than someone coming from Canada or the UK.”
The current Smartraveller advice for Australians travelling to the US warns that “entry requirements are strict”.
“US authorities have broad powers to decide if you’re eligible to enter and may determine that you are inadmissible for any reason under US law,” the advice reads.
All hope is not lost for a US holiday if you’re denied entry under an ESTA, though.
Noorian said he had cases of clients being refused entry but then able to enter the US through a visitor visa obtained via the US consulate.
“It’s not a lifetime ban, they can reapply, but in this environment, it depends on the circumstances,” he added.
“If they admitted to drug use, that could be a big problem.
“But it can be overcome. We’ve done that before.”
US Homeland Security officials have disputed that a Norwegian tourist was denied entry due to a meme and said he was turned away for admitting to drug use.