What Travelers Need to Know About U.S. Border Entry in 2025
by Christopher J. McNally, Esq
As an immigration attorney, it’s crucial to stay informed about the latest developments affecting travelers entering the United States. Accordingly, we at Sayer Regan and Thayer, LLP have been monitoring the rapidly evolving united States Immigration policies. Recent reports have highlighted increased scrutiny and detentions at U.S. borders of both immigrant and nonimmigrant persons entering the United States, underscoring the importance of understanding one’s rights and obligations when traveling.
What You Need to Know
U.S. Customs and Border Protection (CBP) officers possess broad authority to stop and search individuals at entry points, regardless of whether they exhibit suspicious behavior. This includes the examination of personal belongings and electronic devices such as phones and laptops. While the legality of searching electronic devices without individualized suspicion remains contested, travelers should be prepared for such inspections. U.S. citizens cannot be denied entry for refusing to unlock their devices; however, they may face delays and additional questioning. Non-citizens, including visa holders and those from visa waiver countries, risk denial of entry if they refuse to comply with such request.
Even with valid travel documents like visas or Electronic System for Travel Authorization (ESTA) approval, admission into the U.S. is not guaranteed. CBP officers have the discretion to permit or deny entry based on their assessments. For instance, travelers from visa waiver countries must have valid ESTA approval obtained at least 72 hours prior to boarding their flight. However, certain travel histories, such as previous visits to countries like Cuba after January 12, 2021, can render individuals ineligible for ESTA, necessitating the acquisition of a tourist visa instead.
What to Do If You are Detained
If detained, travelers are advised to comply with officers’ directions and seek legal counsel immediately. While visitors have the right to remain silent, exercising this right may impact their admission prospects. It’s important to note that constitutional protections do not fully apply at entry points, and detainees do not automatically have the right to an attorney during initial proceedings.
Consult with Sayer, Regan & Thayer’s Immigration Attorneys
Given the evolving nature of border enforcement policies, it’s advisable for travelers to stay updated on current regulations and consult with an immigration attorney prior to their journey to ensure a smooth entry process. Contact Sayer, Regan & Thayer for more information on this topic.