Headlines about challenging, often traumatic experiences for foreigners
trying to enter the United States since Donald Trump became president on 20
January are appearing almost daily. Reported incidents include: an Australian detained
and deported on returning to the USA after a short trip home, despite holding a
valid work visa; a French academic denied entry because his phone contained social
messages criticising the Trump administration’s research policy; a Costa Rican Nobel
Peace Prize winner having his visa cancelled; and European Commission officials
being equipped with ‘burner’ phones and scrubbed laptops to avoid sensitive information
being extracted.
Small wonder then that “in light of their duty of care responsibility our
members are sounding the alarm over the real and perceived risks their
employees face when travelling to the United States,” says Patrick W. Diemer,
chairperson of BT4Europe, the network of European business travel associations.
Among the risks BT4E points to are “the unpredictability of US entry procedures
… deportation or detention, [and] heightened scrutiny of dual nationals,
members of the LGBTQ+ community and those who have voiced political opinions on
social media.”
Certainly, a “higher level of vetting and verification has resulted in a
higher number of denials of entry and in some cases detention,” says Mike
Rogers, chief security analyst for travel medical and security services company
International SOS.
“We have clients who have had their travellers turned away and forced to
return to their home countries. We have had others brought in for secondary
questioning when they have travelled to the US without incident for many years.
We even have clients who have had some of their staff barred for entry long-term
as a result of their interaction at the port of entry,” says Rogers.
Yet Diemer’s phrase “real and perceived risks” is a telling one, because
distinguishing fact from fears is challenging in an environment where officals
can refuse entry summarily and without reason. So what has actually changed? “None
of the regulations with relation to cross-border [movements] have changed, but what they
are doing is working to the letter of the law,” says Samantha McKnight, senior
vice president client solutions for visa and immigration specialist CIBT.
Stricter
enforcement appears to stem from an Executive Order “protecting the United
States from foreign terrorists and other national and public security threats”
signed by President Trump on the day he started his second term. The order
seeks to “ensure that all aliens seeking admission to the United States,
or who are already in the United States, are vetted and screened to the maximum
degree possible.”
In all the recent cases of denied entry reported to International SOS, “it
appears there was some infraction in their current travel or in a past visit to
the United States with respect to the stipulations of a visa,” says Rogers.
Most business travellers from most European countries can enter the USA
without a visa, although, as for all visa-waiver visitors, they still have to
obtain an Electronic System for Travel Authorization, or ESTA. However,
McKnight cautions that an “ESTA is a right to travel. It isn’t a right to enter. The
final decision happens at the border. We are seeing ESTA rejections that
wouldn’t necessarily have come through in the past.”
But McKnight and Rogers both say it is not yet clear to what extent, if
at all, travellers are being turned away for criticising the Trump
administration via social or other media. While “looking at social media has been part
of the visa application process for a long time, we haven’t had clients report
to us that they have had their social media reviewed at the airport leading to
an untoward outcome,” says Rogers.
On the other hand, the same Executive Order declares that “the United
States must be vigilant during the visa-issuance process to ensure that those
aliens approved for admission … do not intend to harm Americans or our national
interests. More importantly, the United States must identify them before their
admission or entry … And the United States must ensure that admitted aliens and
aliens otherwise already present … do not bear hostile attitudes toward its
citizens, culture, government, institutions, or founding principles, and do not
advocate for, aid, or support designated foreign terrorists and other threats
to our national security.”
German travel management association VDR has prepared a brief for members
stating that: “Critical statements about the US government in private channels
on social networks can lead to problems when entering the country.” And Bruce
McIndoe, president of McIndoe Risk Advisory, warns: “Your Facebook, your LinkedIn: they can take your profile and quickly
bring forward information you’ve posted in the public domain. They can also see
if you deleted a social media profile in the last 30 days. That can also pop up
red flags. They can send you to secondary [interrogation], query you about it
and make a decision.”
RECOMMENDATIONS FOR
TRAVEL MANAGERS
Mandate US-bound reservations through authorised channels
It is much harder to support travellers who book independently and then
encounter trouble at the US border. “Rein in rogue travellers,” says Diversity
Travel general manager for North America, DeAnne Dale. “Mandate to the point
that ‘if you book outside the designated travel management company we’re not
reimbursing you for that ticket’.”
Anticipate problems
“We are telling clients to consider additional scrutiny of folks they
send to the USA to make sure they have been compliant with the stipulations of
their visa not only on this current trip but also on past visits,” says Rogers.
In particular, warn employees that any kind of criminal record, no matter how old
or minor, may well result in pre-travel rejection or deportation on arrival.
Allow plenty of prep time
ESTA and visa applications are taking longer and have become more
complicated, which also increases the potential for misstatements, leading in
turn to higher risk of denied entry not only on this trip but subsequent ones too. With
regards to ESTAs, “your declaration
needs to match the travel plans that you have,” says McIndoe. Security
officials “have your itinerary,” he adds. “If you present an ESTA that doesn’t
match, that’s one of the biggest triggers to secondary [interrogation].”
Organise emergency assistance
Give travellers a contact list in case of trouble at the border. Support could
include your in-house travel team, travel management company, risk management
provider or embassy, but it is also now recommended to engage an immigration
law firm on standby. Check insurance policies, including cover for legal
assistance in the event of detention or deportation.
Brief travellers
“Travel managers have to prepare their travellers with detailed briefings
and ensure they know their rights in case something does happen,” says Dale.
Get your documentation ready at the border
In addition to a visa (if needed), travellers should be ready to produce
their ticket or other proof of return travel, evidence of where they are
staying in the USA and, ideally, a letter from their employer stating their
business in the country. “Have hard and phone copies of your passport,” says
Dale.
Be patient and clear with officials
“Immigration lines will be much longer. If you have a lot of stamps in
your passport, you could face scrutiny for a long time,” says Dale. McKnight
adds: “Whether you have an ESTA, a B-1 business visa or a green card, you still
need to explain why you are travelling, and have to hand all your information.
You are not exempt from questioning by Customs and Border Protection. They will
ask as many questions as they like and
if you are defensive about it they will probably ask you more.”
VDR also advises speakers of English as a foreign language to take care
with their vocabulary at border interrogations. Examples include saying “I’m
here for business” instead of “I’m coming to work”, and “I’m staying at XX hotel” instead of “I’m
living at XX hotel”.
Review IT devices
“Consultation with IT and data protection officers is recommended before
travel if, for example, sensitive data is stored on a company laptop,” says VDR.
Support trans/non-binary employees
The US government no longer treats passports with an X gender designation
equally and only isssues visas with a male or female sex marker consistent with
designated sex at birth on visa applications.
“We are hearing that many people feel it is unsafe to travel into the USA,
even on a short trip,” says Emma Cusdin, director of Global Butterflies, an organisation that
engages with the business sector about the trans and non-binary community.
“My advice for travel managers is to speak to non-binary travellers – do they
want to go? Is there an alternative to them going? – plan for the worst, and
have a robust mitigation plan. Personally, I would not travel now to the USA as
the risk is too high.”
Monitor the situation closely
The situation is changing rapidly. Work with
your TMC, risk consultancy or other trusted information provider.
With additional reporting by Michael Baker.
• See also: Corporates watch and wait as Trump tariffs stir travel uncertainty
