If you’re planning on travelling to the United States any time soon, you may wish to heed the advice of a lawyer who has warned your visa offers you little protection at the airport.
Brad Bernstein offers advice on US immigration and travel via his TikTok account, and in his latest video advised that if you’re travelling on a visitor, student or work visa you have the “least amount of protection.” He explained: “Immigration could search your phone or your laptop and they can search anything on them – they don’t need a warrant, a probable cause, or any reason at all.”
The lawyer advised that if the officer spots something they don’t like – whether it be a photo, social media content or even your job information – they can cancel your visa “right there on the spot.” Brad added: “You’d be on the next plane home – you have no rights and if you refuse to unlock your phone, that’s another reason to cancel your visa and you’re still out of here.”
So what can you do to ensure you are at as little risk as possible? “Don’t store sensitive content on your phone,” Brad exclaimed. “Or travel with a burner phone. Don’t be logged into cloud accounts – just travel with a clean device because at the border, your phone is your biggest liability.”
Brad’s advice soon went viral, with his clip viewed more than 2.6 million times. Thousands of TikTok users responded with their concerns, including one who claimed: “America is not a safe country to travel to anymore. The UK government are not advertising this, but you don’t want to be taking any chances. The treatment of tourists is viscous.”
A second added: “I had a student visa to a whole other country! I was only staying in the US for a couple days in transit to Germany, had all my flights and documentation and they still cancelled my 10 year US visa and deported me home!”
Whilst a third person recalled: “I travel to Texas a lot to see my other half, been doing it for the last 2.5 years. My last trip in January, for the very first time, they checked my bank accounts, pictures, wanted proof of rent, job details. I had removed all my social media the day before. I was pulled aside for further questions about why so much money had gone in and out of my bank account that morning. It was payday and bonus day and bill paying day.”
In contrast, however, others appeared to be sceptical about the use of burner phones, believing it would arouse suspicion. “Surely travelling with a burner phone or not being logged into/not having the kind of apps everyone has would be an equally large red flag and result in you being refused entry,” one TikTok user suggested.
The US Customs and Border Protection website advises online that whilst officers are permitted to perform these checks, a very small minority saw their possessions searched thoroughly last year. “US Customs and Border Protection (CBP)’s ability to lawfully inspect electronic devices crossing the border is integral to keeping America safe in an increasingly digital world,” they explained.
Furthermore, all travelers crossing the US border are subject to CBP inspection in a bid to identify and combat a variety of serious crimes including terrorist activity, drug smuggling and human trafficking. “On rare occasions, CBP officers may search a traveler’s mobile phone, computer, camera, or other electronic devices during the inspection process,” the website continues.
Reassuringly, however, it adds: “The number of travelers crossing the border that experience a border search of their electronic devices is small. In Fiscal Year (FY) 2024,less than 0.01 percent of arriving international travelers encountered by CBP at a port of entry had their electronic devices searched.”
